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PEOPLE v. ROSADO

29 A.D.3d 430 (2006)

814 N.Y.S.2d 638

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTONIO ROSADO, Also Known as ANTONIO ROSARIO, Appellant.

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

May 18, 2006.

The court properly exercised its discretion in denying defendant's mistrial motion based on the prosecutor's brief, indirect summation reference to the fact that defendant did not testify. This comment, which was responsive to an argument made in defense counsel's summation, was cut off by an objection, and it did not ask the jury to draw any inference from defendant's failure to testify. Under the circumstances, the court's standard...

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