PEOPLE v. FIGUEROA


158 A.D.2d 308 (1990)

The People of the State of New York, Respondent, v. Wilfredo Figueroa, Appellant

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

February 6, 1990


Defendant's claim that the prosecutor's summation constituted prosecutorial misconduct is not preserved for appellate review and we decline to reach it in the interest of justice. Were we to consider it, we would conclude that if the prosecutor's comments, emphasizing as they did defendant's failure to contradict the testimony of the People's witnesses, violated defendant's privilege against self-incrimination by drawing attention to his not having taken the stand, the misconduct...

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