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THE PEOPLE, etc., respondent, v. SHAWN GREEN, appellant. (Ind. No. 3580/96)

DECISION ORDER

ORDERED that the judgment is affirmed.

The trial court properly sustained the prosecutor's objections to those portions of defense counsel's opening statement in which he attacked the reliability of the complainant's identification of the defendant and suggested that the police planted evidence on the defendant to bolster a weak case. The remarks exceeded the bounds of an appropriate opening statement ( see, People v. Valentin, 211 A.D.2d 509; People v. Glisson, 260 A.D.2d 245).

The sentence imposed was not excessive ( see, People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are either unpreserved for appellate review or without merit.

SANTUCCI, J.P., S. MILLER, LUCIANO, and FEUERSTEIN, JJ., concur.

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PEOPLE v. GREEN
(Jan 27, 2000)