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PEOPLE v. FISHER

147 A.D.2d 948 (1989)

The People of the State of New York, Respondent, v. Floyd T. Fisher, Appellant

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

February 3, 1989

Judgment unanimously affirmed.

Memorandum:

The court erred by failing to sustain defense counsel's objection to a comment by the prosecutor on summation which implied that defendant had the burden of proving that the liquor bottles found in his motel room were not taken from Pal Joey's Bar in Batavia (see, People v Gonzalez, 97 A.D.2d 423). However, since the proof of guilt was overwhelming and there is no...

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