PEOPLE v. KOWLESSAR

4226, 2207/07.

82 A.D.3d 417 (2011)

918 N.Y.S.2d 41

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MOHAN KOWLESSAR, Appellant.

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

Decided March 1, 2011.


Defendant's arguments concerning the People's summation are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. The prosecutor had a sufficient basis on which to comment on defendant's failure to call his brother to corroborate his own testimony, and this comment did not improperly shift the burden of proof. Defendant's brother was an available and presumably favorable witness who could have provided...

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