PEOPLE v. BROWN

4634, 971/14.

173 A.D.3d 471 (2019)

99 N.Y.S.3d 880

2019 NY Slip Op 04645

The People of the State of New York, Respondent, v. Darryl Brown, Appellant.

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

Decided June 11, 2019.


Defendant, who failed to object during the summation and who also declined any remedy after making a belated postsummation objection, failed to preserve his claim that the prosecutor committed misconduct by arguing to the jury that justification was not "a part of this case," after the court had declined to give the jury an instruction to that effect, and we decline to review it in the interest of justice. As an alternative holding, we find that the challenged remarks did...

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