PEOPLE v. WADE


221 A.D.2d 276 (1995)

634 N.Y.S.2d 92

The People of the State of New York, Respondent, v. Edward Wade, Appellant

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

November 28, 1995


Defendant's claim that the prosecutor's summation impermissibly referred to defendant's decision not to testify by using the phrase "what is not at issue", followed by a recitation of facts purportedly adduced at trial, is unpreserved for appellate review as a matter of law, and we decline to review it in the interest of justice. The one objection defendant made was to a claimed misstatement of the testimony, which was sustained and followed up with curative instructions...

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