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PEOPLE v. McTOOTLE

276 A.D.2d 348 (2000)

714 N.Y.S.2d 42

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. GEORGE McTOOTLE, Appellant.

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

Decided October 17, 2000.

The People's reference in summation to defendant's failure to mention, in his voluntary post-arrest statements to the police, an alleged incident in which the complainant assaulted defendant prior to the commission of the crime charged, which alleged incident purportedly supported defendant's claim to have acted in self-defense, was proper (see, People v Savage, 50 N.Y.2d 673, 676, cert denied 449 U.S. 1016; People v Hightower...

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