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PEOPLE v. MARTINEZ

238 A.D.2d 126 (1997)

656 N.Y.S.2d 11

The People of the State of New York, Respondent, v. Paul Martinez, Appellant

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

April 1, 1997

Defendant was not deprived of a fair trial by the complainant's testimony concerning his fear of encountering defendant or defendant's associates while in custody, or by the prosecutor's summation comments on this subject, because defendant opened the door to these matters on his cross-examination of the complainant as well as on his summation (see, People v Melendez, 55 N.Y.2d 445

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