PEOPLE v. DEIR


15 A.D.3d 198 (2005)

789 N.Y.S.2d 49

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. EDWIN DEIR, Also Known as RAY LUCAS, Appellant.

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

February 3, 2005.


The court properly exercised its discretion when it precluded defendant from making summation comments that sought to explain defendant's flight following the shooting death of the victim, since these arguments were speculative and unsupported by any evidence. The court did not prohibit defendant from making an argument on this subject that was based on the evidence. In any event, the court prevented any prejudice by means of its prompt curative instructions and its main...

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