PEOPLE v. MELENDEZ


211 A.D.2d 436 (1995)

621 N.Y.S.2d 56

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

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

January 10, 1995


Contrary to defendant's contention, the prosecutor's cross-examination of defendant and remarks on summation did not deprive him of a fair trial. The cumulative effect of the prosecutorial comments did not protray defendant as having a propesity for homicidal violence. While the prosecutor's summation remark that this case involved a "murder * * * by this twice convicted felon" was improper, the trial court promptly issued curative instructions while the jury is presumed...

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