PEOPLE v. SHEARS


184 A.D.2d 357 (1992)

The People of the State of New York, Respondent, v. Leon Shears, Appellant

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

June 18, 1992


Defendant's argument that the prosecutor's summation deprived him of a fair trial is, for the most part, unpreserved and we decline to review it (CPL 470.05 [2]). Were we to review in the interest of justice, we would find that the challenged comments do not warrant a new trial in view of the overwhelming evidence of guilt, and in light of the defense summation. We have recently expressed disapproval of comments comparing the defense to a magician performing magic tricks...

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