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PEOPLE v. HOPPER

277 A.D.2d 171 (2000)

717 N.Y.S.2d 123

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JAMES HOPPER, Appellant.

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

Decided November 30, 2000.

While we are perturbed by the prosecutor's comment on defendant's failure to prove certain matters mentioned in defense counsel's opening statement, which had been stricken, the comment does not warrant reversal in light of the court's instructions on the burden of proof, which instructions the jury is presumed to have followed (see, People v D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884; compare, People...

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