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PEOPLE v. DIAZ

254 A.D.2d 94 (1998)

682 N.Y.S.2d 123

The People of the State of New York, Respondent, v. Anderson Diaz, Appellant

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

October 13, 1998

The prosecutor did not shift the burden of proof by commenting in summation on defendant's failure to call a material witness since defendant presented evidence with regard to said witness at trial (People v Tankleff, 84 N.Y.2d 992, 994). Defendant's remaining challenges to comments made by the prosecutor during summation are unpreserved (People v Balls, 69 N.Y.2d 641), and we decline to...

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