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PEOPLE v. TUCKER

Motion Nos. (387/21), KA 19-00346.

204 A.D.3d 1479 (2022)

165 N.Y.S.3d 761

2022 NY Slip Op 02740

The People of the State of New York, Respondent, v. Christopher Tucker, Appellant.

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

Decided April 22, 2022.

Similarly, even assuming, arguendo, that the prosecutor made any arguments during summation that constituted a comment on defendant's prearrest silence (cf. People v Clark, 37 A.D.3d 487, 489 [2d Dept 2007], lv denied 9 N.Y.3d 841 [2007]), we conclude that, viewing the prosecutor's "summation as a whole, those comments `were not so pervasive or egregious as to deprive defendant of a fair trial'" (People v Elmore, 175...

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