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PEOPLE v. MELENDEZ

143 A.D.2d 946 (1988)

The People of the State of New York, Respondent, v. Raphael Melendez, Appellant

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

October 24, 1988

Ordered that the judgment is affirmed.

The defendant contends that the prosecutor's comment during summation to the effect that "the evidence is uncontested in any relevant way" was an improper reference to his decision not to testify. Since the defendant failed to register an objection at trial to the foregoing remark, his claim is not preserved for appellate review (CPL 470.05 [2]; People v Nuccie,

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