PEOPLE v. ABDUL-MALIK


61 A.D.2d 657 (1978)

The People of the State of New York, Respondent, v. Mikail A. Abdul-Malik, Appellant

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

March 30, 1978


Attorney(s) appearing for the Case

Howard N. Spiegler of counsel (William E. Hellerstein, attorney), for appellant.

Benjamin H. Green of counsel (Robert M. Pitler with him on the brief; Robert M. Morgenthau, District Attorney), for respondent.

LUPIANO, J. P., BIRNS, EVANS and LANE, JJ., concur.


SULLIVAN, J.

On appeal defendant, convicted of the crime of rape in the first degree (Penal Law, § 130.35), raises several issues, only two of which cause us any concern. Defendant cites as error the trial court's charge on "consciousness of guilt" and, as further ground for reversal, certain prejudicial remarks by the prosecutor in his summation.

On the People's case a signed statement by...

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