People v Simons
2011 NY Slip Op 02427 [82 AD3d 1132]
March 22, 2011
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, May 11, 2011


The People of the State of New York, Respondent,
v
Carlton Simons, Appellant.

[*1] Lynn W.L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Gary Fidel and Jill Gross-Marks of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Kron, J.), rendered October 25, 2007, convicting him of promoting prostitution in the second degree and promoting prostitution in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant was not deprived of a fair trial by the Supreme Court's instructions to the jury. Viewing the Supreme Court's charge as a whole, the instructions regarding credibility adequately conveyed to the jury the appropriate standard by which to evaluate the testimony of the complainant (see People v Gillyard, 70 AD3d 854, 855 [2010]; People v Francisco, 44 AD3d 870, 871 [2007]; People v Goodson, 35 AD3d 760, 761 [2006]; People v Hosannah, 2 AD3d 458, 459 [2003]). Rivera, J.P., Dillon, Hall and Roman, JJ., concur.