PEOPLE v. BENITEZ


234 A.D.2d 3 (1996)

650 N.Y.S.2d 551

The People of the State of New York, Respondent, v. Francisco Benitez, Appellant

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

December 3, 1996


On this record, the contents of the radio run were properly admitted. The prosecutor's references to the 911 call during summation were part of a fair response to summation comments made by the defense. Any prejudice to defendant resulting from the prosecutor's summation remarks was promptly eliminated by the court's curative instruction.

The court's Sandoval ruling was an appropriate exercise of discretion.

We have considered defendant's remaining...

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