PEOPLE v. CRUZ


292 A.D.2d 196 (2002)

738 N.Y.S.2d 213

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

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

Decided March 7, 2002.


Defendant's challenges to the prosecutor's opening statement and summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that in this case involving the burglary of a church's parish house and the theft of property that included religious articles, the prosecutor's brief, record-based references to the religious aspect of the crime were not inflammatory and did not deprive defendant of a fair trial...

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