PEOPLE v. ZAPATA


268 A.D.2d 242 (2000)

702 N.Y.S.2d 3

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. VICTOR ZAPATA, Appellant.

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

Decided January 6, 2000.


The record establishes that defendant received meaningful representation from his trial attorney. We note that, contrary to defendant's argument, the detectives' 1991 DD-5 reports do not suggest that the witness's attention had been drawn to the omitted matter. In any event, counsel did in fact elicit the omission and made use of it during summation. Since the challenged portions of the prosecutor's summation remarks constituted fair comment on the evidence and proper response...

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