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PEOPLE v. CLARK

161 A.D.2d 367 (1990)

The People of the State of New York, Respondent, v. Milo Clark, Appellant

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

May 10, 1990

Defendant and three unapprehended accomplices robbed the complainant at approximately 2:00 A.M. on July 13, 1987. On appeal, defendant claims that the prosecutor's summation denied him due process of law by implying that he had the burden of disproving the complainant's version of the incident. This issue is unpreserved for appellate review as a matter of law (CPL 470.05 [2]; People v Tardbania, 72 N.Y.2d 852) and we therefore decline...

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