PEOPLE v. AYALA


191 A.D.2d 381 (1993)

595 N.Y.S.2d 445

The People of the State of New York, Respondent, v. Jose Ayala, Appellant

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

March 30, 1993


With regard to the prosecutor's comments in summation concerning a handwritten police report, as to which the trial court gave an adverse inference charge, and the failure of a witness to come forward, the court averted any prejudice to defendant by sustaining his objections and instructing the jury to disregard the comments. The prosecutor's comment that the case was a "simple" one, and his response to the suggestion made in defendant's summation that the police officers...

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