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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LARRY WHEELER, Appellant.

Judgment, Supreme Court, Bronx County, rendered September 12, 1978, convicting defendant of robbery in the second degree and sentencing him to a term of 5 to 10 years, unanimously affirmed. As improper and tasteless as was the prosecutor's conduct of his cross-examination of a defense witness and summation, we do not find that defendant was denied a fair trial. Proof of guilt was overwhelming. (See People v. Arce, 42 N.Y.2d 179, 189-191.) We have considered defendant's other contention and find it to be without merit.

Concur — Birns, J.P., Sullivan, Ross, Markewich and Silverman, JJ.

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PEOPLE v. WHEELER
(Mar 12, 1981)