PEOPLE v. FERGUSON


190 A.D.2d 582 (1993)

The People of the State of New York, Respondent, v. Michael Ferguson, Appellant

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

February 18, 1993


Defendant's argument on appeal that the prosecutor made herself an unsworn witness was not made below. Although defense counsel initially stated that the prosecutor had claimed defendant was left-handed, counsel's more specific argument, which the trial court accepted, was that it was not clear that all of the jurors had observed defendant taking notes with his left hand. In any event, the court's curative instruction advised the jury that the prosecutor's allusion to defendant...

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