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PEOPLE v. CONSTANT

No. 80SC250.

645 P.2d 843 (1982)

The PEOPLE of the State of Colorado, Petitioner, v. Gardy CONSTANT, Respondent.

Supreme Court of Colorado, En Banc.

Rehearing Denied April 19, 1982.

Attorney(s) appearing for the Case

J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarky, Sol. Gen., Robinson, Waters, O'Dorisio & Rapson, P. C., William R. Rapson, Denver, for petitioner.

Karp, Goldstein & Stern, Kenneth H. Stern, Denver, for respondent.

ERICKSON, Justice.

We granted certiorari to review People v. Constant, Colo.App., 623 P.2d 63 (1980), which granted the defendant, Gardy Constant, a new trial because the prosecutor's closing argument called the jury's attention to the fact that the defendant was laughing while the complaining witness testified and during the prosecution's closing argument. We reverse the judgment...

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