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PEOPLE v. WARE

272 A.D.2d 866 (2000)

708 N.Y.S.2d 658

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JULIUS WARE, Appellant.

Appellate Division of the Supreme Court of the State of New York, Fourth Department.

Decided May 10, 2000.

Judgment unanimously affirmed.

Memorandum:

Although we reject the contention of defendant that he was deprived of a fair trial by prosecutorial misconduct on summation (see, People v Roopchand, 107 A.D.2d 35, 36, affd 65 N.Y.2d 837), we express our strong disapproval of the comment by the prosecutor that, if being drunk was a defense, he would have to lay off half of his...

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