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PEOPLE v. TASCARELLA

227 A.D.2d 888 (1996)

643 N.Y.S.2d 277

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

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

May 31, 1996

Judgment unanimously affirmed.

Memorandum:

On appeal from a judgment convicting him, following a jury trial, of three counts each of forgery in the second degree and petit larceny, defendant contends that the prosecutor, by characterizing the People's proof as uncontradicted, improperly commented upon defendant's failure to testify. Defendant's contention is not preserved for our review (see, CPL 470.05 [2]; People v Staples,

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