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STATE v. McCURRY

No. A08-0931.

770 N.W.2d 553 (2009)

STATE of Minnesota, Respondent, v. Sylvester McCURRY, Sr., Appellant.

Court of Appeals of Minnesota.

August 18, 2009.

Attorney(s) appearing for the Case

Lori Swanson, Attorney General, Kelly O'Neill Moller, Assistant Attorney General, St. Paul, MN, Douglas H. Johnson, Washington County Attorney, Washington County Courthouse, Stillwater, MN, for respondent.

Marie L. Wolf, Interim Chief Appellate Public Defender, Davi E. Axelson, Assistant Public Defender, St. Paul, MN, for appellant.

Considered and decided by SHUMAKER, Presiding Judge; TOUSSAINT, Chief Judge; and HALBROOKS, Judge.

OPINION

TOUSSAINT, Chief Judge.

Sylvester McCurry, Sr. was convicted of burglarizing his ex-wife's home and stealing her wallet. In this appeal from conviction, he challenges the state's introduction of relationship evidence under the domestic-abuse statute. He also argues for reversible error based on a witness's unsolicited comment about a prior incarceration and based on the prosecutor's insinuations about the absence of alibi witnesses for appellant...

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