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THE PEOPLE, ETC., RESPONDENT, v. YUSRI HMOUD, APPELLANT.

ORDERED that the judgment is affirmed.

Under the circumstances of this case, where the defendant waived his right to testify, the Supreme Court properly denied the defendant's request to reopen the proof in order for him to testify after defense counsel's summation but before the charge to the jury (see, People v. Braxton, 254 A.D.2d 365, 366; People v. Sumpter, 199 A.D.2d 1042; People v. Farrow, 176 A.D.2d 130, 131).

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PEOPLE v. HMOUD
(Mar 11, 2002)