PEOPLE v. KEARSE


283 A.D.2d 262 (2001)

724 N.Y.S.2d 316

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. COREY KEARSE, Appellant.

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

Decided May 17, 2001.


Defendant's claim that the court deprived him of an opportunity to make a summation is unpreserved for appellate review. Although the court and prosecutor in this nonjury trial apparently mistook defendant's arguments in support of a trial order of dismissal to be the defense summation, defense counsel's comments failed to clarify the situation. Furthermore, counsel did not avail herself of the court's offer of an opportunity to make further argument on the evidence. We decline...

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