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People v. Vaughn

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1988
136 A.D.2d 752 (N.Y. App. Div. 1988)

Opinion

January 25, 1988

Appeal from the Supreme Court, Kings County (O'Brien, J.).


Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the prosecutor's remarks in summation did not deprive him of a fair trial. The defendant's objection to the prosecutor's characterization of a criminal trial as a search for the truth rather than a search for reasonable doubt was sustained by the trial court and immediate curative instructions were given thereby vitiating any possible prejudice (see, People v Galloway, 54 N.Y.2d 396; People v Jalah, 107 A.D.2d 762). Moreover, the prosecutor's remarks referring to a former baseball player in an attempt to imply that the defense had employed deceptive tactics were within the bounds of permissible rhetorical comment (see, People v Galloway, supra).

Finally, the defendant's challenges to the propriety of the trial court's jury charge are either unpreserved for appellate review or without merit. Mollen, P.J., Thompson, Lawrence and Eiber, JJ., concur.


Summaries of

People v. Vaughn

Appellate Division of the Supreme Court of New York, Second Department
Jan 25, 1988
136 A.D.2d 752 (N.Y. App. Div. 1988)
Case details for

People v. Vaughn

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEWIS VAUGHN, Appellant

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

Date published: Jan 25, 1988

Citations

136 A.D.2d 752 (N.Y. App. Div. 1988)

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