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PEOPLE v. SANTANA

5 A.D.3d 798 (2004)

773 N.Y.S.2d 594

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN SANTANA, Appellant.

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

March 29, 2004.

Ordered that the judgment is affirmed.

Although a particular comment that the prosecutor made during her opening statement was improper (see People v Brosnan, 32 N.Y.2d 254 [1973]; People v Kennedy, 216 A.D.2d 491 [1995]), any error was harmless in light of the overwhelming evidence of the defendant's guilt (see People v Brosnan, supra at 262). In addition, although the testimony...

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