PEOPLE v. ARTIS


67 A.D.2d 981 (1979)

The People of the State of New York, Respondent, v. Donahue Artis, Also Known as Artis Donahue, Also Known as Donald Donahue, Also Known as Donald Artis, Appellant

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

February 20, 1979


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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