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People v. Guillebeaux

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1996
229 A.D.2d 399 (N.Y. App. Div. 1996)

Opinion

July 1, 1996

Appeal from the Supreme Court, Queens County (Buchter, J.).


Ordered that the judgment is affirmed.

The defendant contends that the prosecutor's comments during summation shifted the burden of proof to him. We disagree. The prosecutor's comments about the defendant's failure to present a certain alibi witness were a fair response to defense counsel's own summation and a fair comment within "`the four corners of the evidence'" ( People v. Ashwal, 39 N.Y.2d 105, 109; People v Stephens, 161 A.D.2d 740). Since the defendant elected to present an alibi defense, the prosecutor's comments did not constitute an impermissible effort to shift the burden of proof ( People v Tankleff, 84 N.Y.2d 992). As the comments were not made in bad faith and were merely efforts to persuade the jury to draw inferences favorable to the People, they were not improper ( People v. Tankleff, supra, at 994). In addition, defense counsel made his own summation comments on the subject, and, in fact, spoke about the alibi witness's absence at greater length than did the prosecutor.

The defendant's remaining contentions are either unpreserved for appellate review or without merit. Mangano, P.J., Rosenblatt, Pizzuto and Hart, JJ., concur.


Summaries of

People v. Guillebeaux

Appellate Division of the Supreme Court of New York, Second Department
Jul 1, 1996
229 A.D.2d 399 (N.Y. App. Div. 1996)
Case details for

People v. Guillebeaux

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DARIUS GUILLEBEAUX…

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

Date published: Jul 1, 1996

Citations

229 A.D.2d 399 (N.Y. App. Div. 1996)
645 N.Y.S.2d 59

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