PEOPLE v. SANDERS


123 A.D.2d 724 (1986)

The People of the State of New York, Respondent, v. Millard Sanders, Appellant

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

October 14, 1986


Ordered that the judgment is affirmed.

The alleged improper remarks by the prosecutor during summation did not deprive the defendant of a fair trial. Throughout the summation the court cautioned the prosecutor. In a side-bar conference the prosecutor was informed that should he transgress the defendant's right to a fair trial through his summation, a mistrial would be declared. In view of the trial court's action and curative instructions and the overwhelming proof...

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