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PEOPLE v. BAILEY

159 A.D.2d 628 (1990)

The People of the State of New York, Respondent, v. Delroy Bailey, Appellant

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

March 19, 1990

Ordered that the judgment is affirmed, and the matter is remitted to the Supreme Court, Kings County, for further proceedings pursuant to CPL 460.50 (5).

The prosecutor's comment in his summation on the defendant's exercise of his constitutional right to remain silent had the potential for prejudice (see, People v Kent, 125 A.D.2d 590, 591; People v Von Werne,

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