Judgment reversed, as a matter of discretion in the interest of justice, and new trial ordered.
Defendant argues that the prosecutor, on cross-examination and in summation, improperly attempted to show that defendant's failure to exonerate himself at the time of his arrest demonstrated his culpability. Although defendant's trial counsel failed to object at either juncture, we may consider defendant's claim in the interest of justice (see CPL 470.15; People v Kelly...
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