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PEOPLE v. MILLS

159 A.D.2d 437 (1990)

The People of the State of New York, Respondent, v. Leamon Mills, Appellant

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

March 29, 1990

Contrary to the defendant's contention, most of the comments of the prosecutor during his summation were a fair response to that of defense counsel (People v Galloway, 54 N.Y.2d 396). The single misstatement of the prosecutor, that it was defendant rather than his accomplice who possessed the imitation pistol, could hardly have misled the jury, when the fact that the accomplice was the only one who possessed it was clearly established...

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