PEOPLE v. GIBBS


207 A.D.2d 739 (1994)

617 N.Y.S.2d 2

The People of the State of New York, Respondent, v. Samuel Gibbs, Appellant

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

September 29, 1994


Defendant's contention that portions of the prosecutor's closing statement exceeded the bounds of permissible advocacy is largely unpreserved (CPL 470.05 [2]). Were we to reach the merits of defendant's claims in the interest of justice, we would find them without merit. We find that the prosecutor did not vouch for the truthfulness of an identification witness or mischaracterize the defense by remarking that the witness "would have no reason to come into this courtroom and...

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