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People v. Rawls

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1992
187 A.D.2d 353 (N.Y. App. Div. 1992)

Opinion

November 17, 1992

Appeal from the Supreme Court, Bronx County (John P. Collins, J.).


The complainant's credibility was placed into issue by the defense summations. In such circumstances, the prosecutor's response, argued as error on appeal, constituted fair comment (People v Marks, 6 N.Y.2d 67, cert denied 362 U.S. 912).

Contrary to defendant's additional argument on appeal, the trial court's charge to the jury clearly and consistently stated the appropriate legal standards regarding burden of proof, and the court's comments to the effect that the jury was charged with determination of the "truth" cannot reasonably be viewed as diminishing the People's burden of proving defendant's guilt beyond a reasonable doubt (see, People v Flecha, 161 A.D.2d 116, lv denied 76 N.Y.2d 856).

Concur — Sullivan, J.P., Rosenberger, Wallach, Ross and Asch, JJ.


Summaries of

People v. Rawls

Appellate Division of the Supreme Court of New York, First Department
Nov 17, 1992
187 A.D.2d 353 (N.Y. App. Div. 1992)
Case details for

People v. Rawls

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. THOMAS RAWLS, Appellant

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

Date published: Nov 17, 1992

Citations

187 A.D.2d 353 (N.Y. App. Div. 1992)
589 N.Y.S.2d 465

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