UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF NEW YORK
November 13, 2007
UNITED STATES OF AMERICA
MARK ANTHONY WILTSHIRE, JR., DEFENDANT.
The opinion of the court was delivered by: George H. Lowe, United States Magistrate Judge
Defendant has moved for a new trial. (Dkt. No. 29.) The Government has opposed the motion. (Dkt. No. 32.)
Although Defendant references a number of purported issues (Dkt. No. 29-3), his ultimate claim appears to be that the prosecutor's rebuttal summation, to the extent that it addressed a "mathematical formula" (Dkt. No. 29-3) based upon Dr. Closson's testimony, was improper. I disagree, and find that the rebuttal summation was fair comment based upon the evidence produced at trial. Accordingly, it is
ORDERED, that Defendant's motion (Dkt. No. 29) is DENIED.
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