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PEOPLE v. BATTLE

63 A.D.2d 684 (1978)

The People of the State of New York, Respondent, v. Samuel Battle, Appellant

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

May 8, 1978

Judgment affirmed.

Although certain questions asked, and remarks made, by the prosecutor during the trial concerning the alibi witness were improper, we believe that, under the circumstances presented herein, the defendant was not denied a fair trial (see People v Owens, 58 A.D.2d 898

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