PEOPLE v. HOLLOWAY


45 A.D.3d 477 (2007)

846 N.Y.S.2d 156

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. KERMIT HOLLOWAY, Appellant.

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

Decided November 27, 2007.


Although the prosecutor's summation contained improprieties, we find any error to be harmless in view of the overwhelming proof of defendant's guilt, which included evidence that the police saw defendant commit the crime and immediately recovered the victim's cell phone from defendant's person.

The court properly declined to submit petit larceny as a lesser included offense. There was no reasonable view of the evidence, viewed most favorably to defendant, that defendant...

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