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PEOPLE v. DUNCAN

2 A.D.3d 455 (2003)

767 N.Y.S.2d 804

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DANTON DUNCAN, Appellant.

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

December 1, 2003.

Ordered that the judgment is affirmed.

The defendant contends that the prosecutor's comments about the defendant's failure to call a certain alibi witness during summation shifted the burden of proof to him. However, as the comments were not made in bad faith and were merely efforts to persuade the jury to draw inferences favorable to the People, they were proper (see People v Tankleff, 84 N.Y.2d 992 [1994]).

The...

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