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PEOPLE v. VENTURA

233 A.D.2d 154 (1996)

650 N.Y.S.2d 2

The People of the State of New York, Respondent, v. Ruben Ventura, Appellant

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

November 14, 1996

In unduly limiting counsel's argument during summation, regarding the defense's ricochet theory, the trial court failed to afford counsel the widest latitude in advocating his cause (see, People v Ashwal, 39 N.Y.2d 105, 109), and erroneously concluded that he was making himself a ballistics expert. The record reflects that counsel's ricochet theory was reasonably based upon evidence adduced at trial, including the testimony...

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