People v. Cosmano

Defendant was convicted, after jury trial, of 1981 murder; case had gone unsolved but was reopened by "cold case" investigators 26 years later. Potential prejudice from prosecutor's improper comment about Defendant contacting his attorney was cured by court's prompt, repetitive admonistments to jury and subsequent instruction. Prosecutor's comments about absence of gun, and about Defendant's failure to call witness, were legitimate subjects of comment during rebuttal, and thus burden of proof was not improperly shifted to Defendant. Court within its discretion in not dismissing juror who expressed concern that Defendant had parked in juror parking lot, as juror assured court several times that she was capable of giving Defendant a fair trial. (HALL and ROCHFORD, concurring.)