PEOPLE v. HOWARD


207 A.D.2d 751 (1994)

616 N.Y.S.2d 731

The People of the State of New York, Respondent, v. Lamont Howard, Appellant

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

September 29, 1994


Since the court sustained defense counsel's objections to the prosecutor's misstatements regarding the method by which the court had notified defense counsel of a change in the date on which defendant, who had been released on parole, was scheduled to return to court, and since the jury is presumed to have followed the court's instruction to disregard any testimony that has been stricken from the record (People v Davis, 58 N.Y.2d 1102

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