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PEOPLE v. MUSMACHER

133 A.D.2d 352 (1987)

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

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

September 8, 1987

Ordered that the judgment is affirmed.

We do not reach the propriety of the trial court's Huntley ruling since the alleged statements made by the defendant to the police were not introduced at trial on the People's direct case. While the prosecutor referred to these admissions in his opening statement, it is a basic rule of law that an opening statement is not evidence, and the jury was so advised by the court, and...

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