PEOPLE v. RUSSO


137 A.D.2d 849 (1988)

The People of the State of New York, Respondent, v. Robert Russo, Appellant

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

February 29, 1988


Ordered that the judgment is affirmed.

We find unpersuasive the defendant's contention that he was denied a fair trial by the prosecutor's use during summation of an analogy to refute the defendant's claim of intoxication. While the example utilized by the prosecutor was undoubtedly a poor one, the record reveals that the court struck portions of his statement from the jury's consideration and repeatedly gave adequate curative instructions explaining the lack of relevance...

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