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PEOPLE v. HARRIS

61 A.D.3d 441 (2009)

877 N.Y.S.2d 258

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RAYMOND HARRIS, Appellant.

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

Decided April 7, 2009.

The court properly exercised its discretion in denying defendant's mistrial motion made after the prosecutor's summation. To the extent that the prosecutor's comments may be viewed as commenting on defendant's exercise of his right to a trial, the court's prompt curative actions were sufficient to prevent any prejudice (see People v Santiago, 52 N.Y.2d 865 [1981]). Defendant's remaining challenges to the summation do not warrant...

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