PEOPLE v. TOLEDO


156 A.D.2d 266 (1989)

The People of the State of New York, Respondent, v. Edwin Toledo, Appellant

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

December 19, 1989


The contention of defendant that he was deprived of due process because of the prosecutor's remarks in summation is not preserved as a matter of law and we, therefore, decline to reach it. Were we to consider it in the interest of justice, we would nonetheless affirm, finding it to be without merit. The prosecutor's comments were justified as a response to defense counsel's remarks. (People v Galloway, 54 N.Y.2d 396.) Further, any...

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