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People v. Pittman

158 A.D.2d 345 Court N.Y. App. Div. Decision date 1990-02-13 English

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p. 345
The People of the State of New York, Respondent, v Fox Pittman, Also Known as Pittman Fox, Also Known as Robert Pittman, Appellant.

The prosecutor’s comments in summation were either clarified by curative instructions, a fair response to defendant’s summation, or within the "broad bounds of rhetorical comment permissible in closing argument” (People v Galloway, 54 NY2d 396 , 399). In any event, any error that may have been committed was harmless in view of the overwhelming evidence of guilt (People v Crimmins, 36 NY2d 230 ). Nor was the sentence unduly harsh. Taking into account "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction”, we perceive no abuse of discretion warranting a reduction in sentence (People v Farrar, 52 NY2d 302 , 305). Concur— Rosenberger, J. P., Asch, Ellerin and Wallach, JJ.

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