PEOPLE v. THOMAS

2016-12894. Ind. No. 245/14.

168 A.D.3d 766 (2019)

91 N.Y.S.3d 192

2019 NY Slip Op 00147

The People of the State of New York, Respondent, v. Richard Thomas, Appellant.

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

Decided January 9, 2019.


Ordered that the judgment is affirmed.

The defendant's contention that he was deprived of his right to a fair trial due to improper remarks made by the prosecutor during his opening statement and summation is not preserved for appellate review (see CPL 470.05 [2]). In any event, the challenged remarks were either fair comment on the evidence and the reasonable inferences to be drawn therefrom (see People v Ashwal...

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