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PEOPLE v. CONCEPCION

266 A.D.2d 227 (1999)

697 N.Y.S.2d 697

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE CONCEPCION, Appellant.

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

Decided November 1, 1999.

Ordered that the judgment is affirmed.

There is no merit to the defendant's argument that he was deprived of a fair trial by prosecutorial misconduct. When a case is tried without a jury, absent a showing of prejudice, the Trial Judge is presumed to have considered only competent evidence adduced at trial in reaching the verdict (see, People v Robinson, 143 A.D.2d 376, 377). There is no basis for finding that the court considered...

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