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PEOPLE v. UTLEY

45 N.Y.2d 908 (1978)

The People of the State of New York, Respondent, v. James Utley, Appellant.

Court of Appeals of the State of New York.

Decided October 26, 1978.

Attorney(s) appearing for the Case

Andrew C. Fine, Lawrence A. Vogelman and William E. Hellerstein for appellant.

John J. Santucci, District Attorney (Charles Testagrossa, Jr., of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, WACHTLER, FUCHSBERG and COOKE concur.

MEMORANDUM.

The order of the Appellate Division should be affirmed.

No objection having been taken to the remarks in the prosecutor's summation that have been raised on this appeal, including the comments expressing confidence in the truthfulness of the police officers, they are not preserved for review in this court (CPL 470.05, subd 2). The unanswered question put to the Trial Judge on this subject, without more...

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