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PEOPLE v. LITHGOW

8984, 1225/13.

171 A.D.3d 517 (2019)

95 N.Y.S.3d 813

2019 NY Slip Op 02796

The People of the State of New York, Respondent, v. Bismark Lithgow, Appellant.

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

Decided April 11, 2019.

Defendant did not preserve his challenges to the prosecutor's summation, and we decline to review them in the interest of justice. As an alternative holding, we find no basis for reversal. To the extent that parts of the summation contained misstatements of law, "any prejudice was avoided by the court's charge, which the jury is presumed to have followed" (People v Ramos, 162 A.D.3d 453, 454 [1st Dept 2018]).

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