PEOPLE v. SANTIAGO


289 A.D.2d 1070 (2001)

735 N.Y.S.2d 852

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DUAMEL G. SANTIAGO, Appellant. (Appeal No. 1.)

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

Decided December 21, 2001.


Judgment unanimously affirmed.

Memorandum:

We reject the contention of defendant that County Court erred in denying his motion for a mistrial based upon the references of the prosecutor in his opening statement to the anticipated testimony of a witness who fled the country and did not testify at trial. "[T]he general rule is that, absent bad faith or undue prejudice, a trial will not be undone" based upon "the...

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