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PEOPLE v. THOMAS

186 A.D.2d 602 (1992)

The People of the State of New York, Respondent, v. Oliver Thomas, Appellant

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

October 5, 1992

Ordered that the judgment is affirmed.

We find unpersuasive the defendant's contention that he was denied a fair trial by the prosecutor's summation comments regarding the issue of credibility. While the prosecutor advised the jurors that they would have "to decide who you are going to believe", this remark did not improperly shift the burden of proof to the defense. Rather, the comment was appropriate, given the numerous...

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