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PEOPLE v. SMITH

265 A.D.2d 213 (1999)

697 N.Y.S.2d 254

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN SMITH, Appellant.

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

Decided October 19, 1999.

The challenged portions of the People's summation were fair response to the summations of defendant and his codefendant (see, People v Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976), and could not in any event have deprived defendant of a fair trial (see, People v D'Alessandro, 184 A.D.2d 114, lv denied 81 N.Y.2d 884), particularly in view of the court's instructions...

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