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PEOPLE v. NOCERA

107 A.D.2d 768 (1985)

The People of the State of New York, Respondent, v. Charles Nocera, Appellant

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

January 22, 1985

Judgment affirmed.

There was no compelling factor within the meaning of CPL 210.40 which would warrant dismissal of the indictment in the furtherance of justice (see, generally, People v Viszokai, 99 A.D.2d 519). Inflammatory and otherwise improper comments were made by the prosecutor in summation. However, they were for the most part not excepted to and the proof of guilt is overwhelming. We find that there is no reasonable...

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