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PEOPLE v. BROWN

3332, 4806/07.

77 A.D.3d 446 (2010)

908 N.Y.S.2d 574

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ROD BROWN, Appellant.

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

Decided October 12, 2010.

The People's summation did not deprive defendant of a fair trial. The remarks challenged by defendant generally constituted evidence-based arguments as to why the jury should credit the testimony of the prosecution witnesses and discredit that of defendant; these arguments were responsive to the defense summation and did not shift the burden of proof (see People v Dais, 47 A.D.3d 421, 422 [2008], lv denied 10 N.Y...

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