PEOPLE v. WADE


41 A.D.3d 288 (2007)

839 N.Y.S.2d 724

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANTOINE WADE, Appellant.

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

Decided June 21, 2007.


Viewed in context, the prosecutor's summation comment that "the question here is which version is more credible and who's telling the truth" did not shift the burden of proof. The prosecutor had expressly reminded the jury of the People's obligation to prove defendant's guilt beyond a reasonable doubt. Accordingly, there is no reasonable possibility that the jury could have been misled as to the burden of proof. We also find that the prosecutor did not misstate the evidence...

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