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PEOPLE v. SCHRAMM

92 A.D.2d 905 (1983)

The People of the State of New York, Respondent, v. Matthew J. Schramm, Appellant

Appellate Division of the Supreme Court of the State of New York, Second Department.

March 14, 1983

Judgment affirmed.

During the course of the trial, and in summation, the prosecutor made certain improvident comments, e.g., implying that defendant had the duty to call a witness in his behalf, characterizing defendant's testimony as "lies", and vouching for the complaining witness' credibility. However, in light of the overwhelming evidence of defendant's guilt, we find these errors to be harmless (see People v Crimmins, 36 N.Y.2d 230

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