PEOPLE v. SPIVEY


305 A.D.2d 135 (2003)

759 N.Y.S.2d 456

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIK SPIVEY, Appellant.

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

Decided May 6, 2003.


The challenged summation remarks were legitimate responses to the defense summation. Rather than asserting his personal belief in the credibility of his witnesses, the prosecutor made fair arguments as to why these witnesses should be believed and as to why defendant's attacks on their credibility should be rejected. Therefore, there was no impermissible "vouching" (People v Overlee, 236 A.D.2d 133, 144 [1997], lv denied 91...

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