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PEOPLE v. LARA

265 A.D.2d 428 (1999)

696 N.Y.S.2d 845

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE LARA, Appellant.

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

Decided October 12, 1999.

Ordered that the judgment is affirmed.

The defendant has not preserved for appellate review his claim that the prosecutor improperly referred to facts not in evidence during summation (see, CPL 470.05 [2]). In any event, the prosecutor's summation comments accurately reflected the testimony at trial and were a fair comment upon the evidence (see, People v Custodio, 244 A.D.2d 418).

Upon the exercise of our...

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