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PEOPLE v. OTANO

1 A.D.3d 213 (2003)

767 N.Y.S.2d 224

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES OTANO, Appellant. THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK YOUNG, Appellant.

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

November 18, 2003.

The court properly exercised its discretion in denying defendants' mistrial motions made after the prosecutor's summation. The challenged portions of the summation constituted fair comment on the evidence, made within the broad bounds of permissible advocacy (see People v Overlee, 236 A.D.2d 133 [1997], lv denied 91 N.Y.2d 976 [1998]; People v D'Alessandro, 184 A.D.2d 114, 118-119...

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