PEOPLE v. ERAZO

2316/12 6262.

160 A.D.3d 497 (2018)

71 N.Y.S.3d 356

2018 NY Slip Op 02550

The People of the State of New York, Respondent, v. Jeremy Erazo, Appellant.

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

Decided April 12, 2018.


Defendant's challenge to a summation remark by the prosecutor is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the remark was responsive to defense counsel's summation, and that it permissibly commented on the victim's credibility without constituting improper vouching (see People v Overlee, 236 A.D.2d 133, 144 [1st Dept 1997], lv denied 91 N.Y.2d...

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