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PEOPLE v. KENNEDY

216 A.D.2d 491 (1995)

628 N.Y.S.2d 547

The People of the State of New York, Respondent, v. Kevin Kennedy, Appellant

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

June 19, 1995

Ordered that the judgment is affirmed.

It was improper for the prosecutor to refer to the defendant in his opening statement as a "denizen of the night, dark hat, unkept, unshaven, dirty, disgusting, vile monster" (see, People v Brosnan, 32 N.Y.2d 254). Nevertheless, in light of the overwhelming evidence of the defendant's guilt, the error was harmless (see, People v Brosnan, supra).

The...

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