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PEOPLE v. PERRY

172 A.D.2d 858 (1991)

The People of the State of New York, Respondent, v. Alfred M. Perry, Appellant

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

April 29, 1991

Ordered that the judgment is affirmed.

During summation, defense counsel commented on the prosecutor's failure to produce a videotape in which the defendant denied any involvement in the crime. The prosecutor, during summation, suggested that the defendant had the burden of producing the videotape. The defendant contends that he was deprived of a fair trial because of the prosecutor's comment. We find no reversible error.

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