People v. Kurzydlo

Defendant, Richard Kurzydlo, together with Jerome Cehoda and Frank Wilk, was indicted for robbery. Cehoda and Wilk pleaded guilty and defendant was found guilty by a jury. Defendant was sentenced to the State penitentiary for a term of 6 to 18 years.

On appeal, defendant contends that he was denied a fair jury trial in that (I) the prosecutor in closing argument (a) emphasized defendant’s failure to call alibi witnesses when no alibi defense had been presented, and (b) misstated defendant’s testimony concerning his actions at the time of the offense; and (II) that the court erred in giving an…