People v. Dien

Judgment, Supreme Court, New York County (Jay Gold, J.), rendered May 31, 1989, convicting defendant, after a jury trial, of robbery in the first degree and robbery in the second degree and sentencing him to concurrent indeterminate terms of imprisonment of from 3 to 9 years and 2 to 6 years, respectively, unanimously affirmed.

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…