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PEOPLE v. IRBY

250 A.D.2d 778 (1998)

672 N.Y.S.2d 774

The People of the State of New York, Respondent, v. Michael Irby, Appellant

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

May 18, 1998

Ordered that the judgment is affirmed.

The defendant contends, inter alia, that certain remarks made by the prosecutor during summation constituted reversible error. He claims that the prosecutor's references to the defendant's failure to call a certain undercover police officer as a witness shifted the burden of proof from the prosecution to the defense. While the prosecutor's comments were improper (see,...

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