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PEOPLE v. KRAMER

240 A.D.2d 204 (1997)

658 N.Y.S.2d 290

The People of the State of New York, Respondent, v. Brenda Kramer, Appellant

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

June 10, 1997

The court's instruction to the jury not to speculate as to the lack of fingerprint testing did not convey that the jury was to ignore the lack of fingerprint evidence, but rather that it was not to go beyond the evidence in theorizing as to why fingerprints had not been taken (People v Duncan, 221 A.D.2d 254, lv denied 87 N.Y.2d 972; People v Brown, 155 A.D.2d 306, lv denied

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