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PEOPLE v. BURNS

173 A.D.2d 332 (1991)

The People of the State of New York, Respondent, v. John Burns, Appellant

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

May 21, 1991

Defendant's claim that the prosecutor erred in summation by inviting the jury to conduct an improper out-of-court experiment is unpreserved and meritless. The prosecutor's invitation to the jury to measure fifteen seconds was a measured, common sense response to the defense attack on the ability of the eyewitness to make an identification in that amount of time. It is plain that no juror would have considered the viewing of another...

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