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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN HOWARD, Defendant-Appellant.

The testimony elicited by the prosecutor about the reluctance of one of the eyewitnesses to testify, and the prosecutor's subsequent summation comments about that witness being scared, "were directed at the witness's testimonial role, rather than any implication that defendant had threatened her" ( People v. Rivera, 234 A.D.2d 19, 20, lv denied 89 N.Y.2d 1040). The witness's fear of testifying was relevant to issues presented at trial ( see People v. Wortherly, 68 A.D.2d 158, 163-164), and, in any event, the court did not permit the People to elicit any testimony about threats.

The record does not establish that defendant's sentence was based on any improper criteria and we perceive no basis for reducing the sentence.

THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.

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PEOPLE v. HOWARD
(May 11, 2004)