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PEOPLE v. HOWARD

7 A.D.3d 314 (2004)

776 N.Y.S.2d 558

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN HOWARD, Appellant.

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

May 11, 2004.

The testimony elicited by the prosecutor about the reluctance of one of the eyewitnesses to testify, and the prosecutor's subsequent summation comments about that witness being scared, "were directed at the witness's testimonial role, rather than any implication that defendant had threatened her" (People v Rivera, 234 A.D.2d 19, 20 [1996], lv denied 89 N.Y.2d 1040 [1997]). The witness's fear of testifying was relevant to issues...

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