PEOPLE v. SMITH


203 A.D.2d 204 (1994)

612 N.Y.S.2d 854

The People of the State of New York, Respondent, v. Bernard Smith, Appellant

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

April 28, 1994


The court's charge with respect to identification testimony was legally correct and balanced and directly tracked the language of the Criminal Jury Instructions (1 CJI[NY] 10.20, part B). The prosecutor's comments on summation were a fair response to defense counsel's summation and within the permissible bounds of rhetorical comment (People v Galloway, 54 N.Y.2d 396

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