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PEOPLE v. CAPELLA

11019.

180 A.D.3d 498 (2020)

119 N.Y.S.3d 454

2020 NY Slip Op 01017

The People of the State of New York, Respondent, v. Anthony Capella, Appellant.

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

Decided February 13, 2020.

Defendant's challenges to the People's summation are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we find that the summation remarks were not so egregious as to require reversal (see People v D'Alessandro, 184 A.D.2d 114, 118-120 [1st Dept 1992], lv denied 81 N.Y.2d 884 [1993]).

Defendant's challenge to the court's supplemental...

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