People v. Lastra

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RENE LASTRA, Appellant

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

Date published: Apr 25, 1991

172 A.D.2d 412 (N.Y. App. Div. 1991)

568 N.Y.S.2d 933

Opinion

April 25, 1991

Appeal from the Supreme Court, New York County (Angela Mazzarrelli, J.).

Any possibility that the prosecutor's summation shifted the burden of proof was negated by the trial court's subsequent instructions to the jury. Moreover, the summation, when evaluated as a whole, cannot be said to have deprived defendant of his right to a fair trial (see, People v. Higgins, 88 A.D.2d 921).

Concur — Sullivan, J.P., Carro, Rosenberger, Kupferman and Rubin, JJ.