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PEOPLE v. PIVNICK

277 A.D.2d 1000 (2000)

716 N.Y.S.2d 346

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ERIK PIVNICK, Appellant.

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

Decided November 13, 2000.

Judgment unanimously affirmed.

Memorandum:

Defendant contends that he was denied a fair trial when the prosecutor improperly commented during summation on defendant's failure to testify. Defendant objected to the comment and moved for a mistrial. Supreme Court sustained the objection and immediately instructed the jury to disregard the prosecutor's comment, and there was no further objection by defendant. During...

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