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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. DAVID MURRAY, Defendant-Appellant.

The court properly exercised its discretion in permitting redirect examination of a police witness that explored possible explanations of a matter raised by defendant on cross-examination (see People v. Melendez, 55 N.Y.2d 445, 451-452). The matter elicited on redirect was responsive to defendant's efforts to suggest that during the transaction at issue he was a buyer and not a seller.

The challenged portions of the People's summation do not warrant reversal (see People v. D'Alessandro, 184 A.D.2d 114, 118 — 119,lv denied 81 N.Y.2d 884). The court's curative actions during the summation were sufficient to prevent any improprieties from causing any prejudice.

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

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PEOPLE v. MURRAY
(Sep 25, 2003)