Legal Opinion
People v. Kowlessar
Appellate Division of the Supreme Court of the State of New York
Decided March 1, 2011PublishedCited by 11 opinions
1Opinion of the Court
Defendant’s arguments concerning the People’s summation are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we also reject them on the merits. The prosecutor had a sufficient basis on which to comment on defendant’s failure to call his brother to corroborate his own testimony, and this comment did not improperly shift the burden of proof. Defendant’s brother was an available and presumably favorable witness who could have provided material, noncumulative testimony (see People v Cochran, 29 AD3d 365 [2006], lv denied 7 NY3d 787 [2006]). The…
2Cases cited4 opinions
- People v. OverleeAppellate Division of the Supreme Court of the State of New York · 1997
- People v. D'AlessandroAppellate Division of the Supreme Court of the State of New York · 1992
- People v. NedalAppellate Division of the Supreme Court of the State of New York · 1993
- People v. CochranAppellate Division of the Supreme Court of the State of New York · 2006
3Cited by11 opinions
- People v. GriffinAppellate Division of the Supreme Court of the State of New York · 2022
- Hamer v. City of New YorkAppellate Division of the Supreme Court of the State of New York · 2013
- People v. ChowdhuryAppellate Division of the Supreme Court of the State of New York · 2020
- People v. DialloAppellate Division of the Supreme Court of the State of New York · 2015
- People v. PizarroAppellate Division of the Supreme Court of the State of New York · 2017
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