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People v. Fortune

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


February 16, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
SHOMARI FORTUNE, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered October 27, 2006, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

FRED T. SANTUCCI, J.P., THOMAS A. DICKERSON, CHERYL E. CHAMBERS and SANDRA L. SGROI, JJ.

(Ind. No. 297/05)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The Supreme Court providently exercised its discretion in precluding the defendant from calling a witness at trial to present certain evidence since the only purpose of the evidence would have been to impeach the credibility of the arresting police officers on a collateral matter (see People v Alvino, 71 NY2d 233, 247-248; People v Fowler, 61 AD3d 698, 698; People v Rendon, 301 AD2d 665; People v Ragland, 240 AD2d 598).

Contrary to the defendant's contention, the prosecutor's comments during summation did not deprive him of a fair trial, as they were a fair response to the defendant's attack on the credibility of the police witnesses (see People v Galloway, 54 NY2d 396; People v Avila,AD3d, 2010 NY Slip Op 00162 [2d Dept 2010]; People v Robinson, 63 AD3d 531, 532; People v Barnes, 33 AD3d 811; People v Vaughn, 209 AD2d 459).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80).

SANTUCCI, J.P., DICKERSON, CHAMBERS and SGROI, JJ., concur.

20100216

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