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PEOPLE v. BERGSMA

170 A.D.2d 408 (1991)

The People of the State of New York, Respondent, v. William Bergsma, Appellant

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

February 28, 1991

Defendant contends that he was deprived of a fair trial by the cumulative impact of the prosecutor's summation comments, in which the prosecutor denigrated the defense, vouched for his witnesses, shifted the burden of proof, referred to matters outside the record, instructed the jury on the law, and appealed to juror prejudice and emotion. Most of these challenges to the prosecutor's comments are unpreserved, and we decline to review...

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