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PEOPLE v. SAMUEL

122 A.D.2d 285 (1986)

The People of the State of New York, Respondent, v. Dwayne Samuel, Appellant

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

July 28, 1986

Judgment affirmed.

Despite its result, the trial was a tribute to prosecutorial ineptness. Nevertheless, in the totality of all the circumstances, we conclude there should not be a reversal. On cross-examination the defendant was improperly asked to characterize the complainant's testimony as untrue. However, defense counsel's objection was promptly sustained before the defendant could answer and no curative instruction...

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