People v. Lynch

— Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kramer, J.), rendered Maich 8, 1983, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The court’s charge was proper in that it stated that the indictment is "nothing more than an accusation and has no evidentiary or probative value whatsoever”, and that the indictment is "neither evidence of anything, nor does it prove anything”.

Although the prosecutor’s remark that the evidence was "uncontested” improperly referred to the defendant’s…