PEOPLE v. SMITH

Nos. 5670, 310/09

88 A.D.3d 487 (2011)

930 N.Y.S.2d 450

2011 NY Slip Op 7137

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HARRY SMITH, Appellant.

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

Decided October 11, 2011.


The court properly exercised its discretion when it denied defendant's mistrial motion. In that motion, defendant asserted that portions of the prosecutor's summation shifted the burden of proof. However, in each instance the court had sustained defendant's objection and struck the allegedly offending remark. The court's curative actions were sufficient to prevent any prejudice (see People v Santiago, 52 N.Y.2d 865 [1981]). In any...

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