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PEOPLE v. DARIO HELENA

34 A.D.3d 397 (2006)

823 N.Y.S.2d 898

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JOSE DARIO HELENA, Appellant.

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

Decided November 30, 2006.

The challenged portions of the prosecutor's summation did not deprive defendant of a fair trial. The comments at issue generally constituted fair responses to defense arguments, and to the extent that some isolated remarks might be viewed as improper, the court took curative actions that prevented any possible prejudice (see People v Overlee, 236 A.D.2d 133 [1997], lv denied 91 N.Y.2d 976 [1998]; People v D'Alessandro,...

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