Majority
p. 1017The People of the State of New York, Respondent, v Edward McLoud, Appellant. [635 NYS2d 568]
—Judgment unanimously affirmed. Memorandum: The prosecutor’s statements on summation did not constitute improper bolstering of the police witnesses, but were made "in fair response to statements made by the defense [citation omitted]” (People v Maisonet, 172 AD2d 274 , lv denied 78 NY2d 969 ). We reject the further
p. 1018
contention of defendant that juror misconduct deprived him of a fair trial (see, People v Estrada, 191 AD2d 286 , lv denied 81 NY2d 1013 ). Finally, in light of the lengthy criminal history of defendant, we conclude that his sentence is neither unduly harsh nor severe (see, CPL 470.15 [2] [c]). (Appeal from Judgment of Erie County Court, Drury, J.—Criminal Sale Controlled Substance, 2nd Degree.) Present—Green, J. P., Pine, Wesley, Balio and Boehm, JJ.
Cases cited
- People v. Estrada 191 AD2d 286 p. 1018