PEOPLE v. SCOTT


138 A.D.2d 421 (1988)

The People of the State of New York, Respondent, v. Keith Scott, Appellant

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

March 7, 1988


Ordered that the judgment is affirmed.

During the course of his summation, the prosecutor stated, "I am going to ask you to return to the jury room and return a verdict that is consistent with uncontradicted evidence in this case". This statement was improper, since it constituted a reference to the defendant's failure to testify (see, People v Allen, 127 A.D.2d 840, 841, lv denied 69 N.Y.2d...

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