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PEOPLE v. RIVERA

142 A.D.2d 614 (1988)

The People of the State of New York, Respondent, v. Carlos Rivera, Appellant

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

July 5, 1988

Ordered that the judgment is affirmed.

The defendant's claim that he was denied a fair trial by the prosecutor's reference in his opening statement to suppressed lineup identification evidence is without merit. While the reference was improper, any possible prejudice arising therefrom was cured by the court's prompt curative instruction and jury charge, which informed the jury that statements of the attorneys did not constitute...

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