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THE PEOPLE, ETC., RESPONDENT, v. MANUEL GARCIA, APPELLANT. (IND. NO. 5782/96).

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant contends that he was prejudiced by comments made by the prosecutor during his summation. However, the challenged statements were either fair comment on the evidence adduced at trial or fair responses to the defense counsel's summation which accused the three police witnesses of lying (see, People v. Anthony, 24 N.Y.2d 696; People v. Rosario, 195 A.D.2d 577; People v. Draksin, 145 A.D.2d 500).

Upon the exercise of our factual review power we are satisfied that the verdict was not against the weight of the evidence (see, CPL 470.15).

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PEOPLE v. GARCIA
(Jun 19, 2000)