PEOPLE v. COMER


73 N.Y.2d 955 (1989)

The People of the State of New York, Respondent, v. Wallee Comer, Appellant.

Court of Appeals of the State of New York.

Decided March 30, 1989.


Attorney(s) appearing for the Case

Francis A. Brady, Philip L. Weinstein and Celeste Lacy Davis for appellant.

Elizabeth Holtzman, District Attorney (Seth M. Lieberman, Barbara D. Underwood and Nikki Kowalski of counsel), for respondent.

Chief Judge WACHTLER and Judges SIMONS, KAYE, ALEXANDER, TITONE, HANCOCK, JR., and BELLACOSA concur.


MEMORANDUM.

The order of the Appellate Division should be affirmed.

Defendant maintains that he is entitled to a new trial because of improper comments by the District Attorney during summation or, failing that, that the matter must be remitted to the Appellate Division so that it may exercise its factual review powers and determine whether the jury's verdict was against the weight of the evidence (see, CPL...

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