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PEOPLE v. SCOTT

5 A.D.3d 250 (2004)

773 N.Y.S.2d 291

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CORNELIUS SCOTT, Appellant.

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

March 18, 2004.

The challenged portions of the prosecutor's summation did not deprive defendant of a fair trial. The prosecutor's remarks were responsive to the defense summation, and, given the court's thorough and repeated instructions, could not have lessened the People's burden of proof or shifted the burden to the defense (see People v Thomas, 186 A.D.2d 602 [1992], lv denied 81 N.Y.2d 795 [1993]).

The court's Sandoval

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