PEOPLE v. MARTE

1921, 3290/04

69 A.D.3d 405 (2010)

891 N.Y.S.2d 408

2010 NY Slip Op 5

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROBERTO MARTE, Appellant.

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

Decided January 5, 2010.


The court properly exercised its discretion in denying defendant's mistrial motion based on the prosecutor's summation. The challenged portions of the summation did not deprive defendant of a fair trial (see generally People v D'Alessandro, 184 A.D.2d 114, 118-119 [1992], lv denied 81 N.Y.2d 884 [1993]). Although the prosecutor erred by commenting that defendant knew he was guilty...

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