While we agree that the prosecutor's comment to the jury during summation as to conceptions held by them with regard to members of defendant's race was improper, the error was harmless in light of the overwhelming evidence of defendant's guilt. The prosecutor's statement that defendant had appealed to the jury's perceptions that a "38 year old white man does not commit knife-point robberies of cab drivers" was racially offensive and created an issue where none existed (
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PEOPLE v. DIEN
161 A.D.2d 195 (1990)
The People of the State of New York, Respondent, v. Donald Dien, Appellant
Appellate Division of the Supreme Court of the State of New York, First Department.https://leagle.com/images/logo.png
May 3, 1990
May 3, 1990
Appellate Division of the Supreme Court of the State of New York, First Department.
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