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PEOPLE v. NEWTON

228 A.D.2d 321 (1996)

644 N.Y.S.2d 708

The People of the State of New York, Respondent, v. Derrick Newton, Appellant

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

June 20, 1996

Defendant's failure to object during the prosecutor's summation renders his present claim unpreserved for appellate review (People v Balls, 69 N.Y.2d 641), and we decline to review it in the interest of justice. Were we to review it, we would find that the prosecutor's statement that defendant's testimony was not credible was fair comment on the inconsistencies in defendant's testimony, and fair response to defense counsel's summation...

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