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People v. Speller

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


November 24, 2009

THE PEOPLE, ETC., RESPONDENT,
v.
ELTON SPELLER, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered March 12, 2008, convicting him of petit larceny, upon a jury verdict, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

STEVEN W. FISHER, J.P., JOSEPH COVELLO, FRED T. SANTUCCI & RUTH C. BALKIN, JJ.

(Ind. No. 6639/07)

DECISION & ORDER

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, he was not denied a fair trial by the prosecutor's comments in her opening remarks and summation (see People v Martin, 54 AD3d 776).

FISHER, J.P., COVELLO, SANTUCCI and BALKIN, JJ., concur.

20091124

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