People v. Burns

Judgment, Supreme Court, New York County (Harold Rothwax, J.), rendered March 28, 1990, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him to an indeterminate term of imprisonment of twenty-five years to life, unanimously affirmed.

*333Defendant’s claim that the prosecutor erred in summation by inviting the jury to conduct an improper out-of-court experiment is unpreserved and meritless. The prosecutor’s invitation to the jury to measure fifteen seconds was a measured, common sense response to the defense attack on the ability of the eyewitness to make an…