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PEOPLE v. GRAVES

2320, 5271/07.

71 A.D.3d 470 (2010)

899 N.Y.S.2d 146

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RANDALL GRAVES, Appellant.

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

Decided March 11, 2010.

The court properly exercised its discretion in denying defendant's mistrial motion, made on the basis of an isolated portion of the prosecutor's summation that allegedly made an improper statement of fact, since that comment was a permissible response to a corresponding portion of the defense summation (see generally People v Overlee, 236 A.D.2d 133 [1997]). Defendant's remaining challenges to the summation are unpreserved and...

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