*1 This memorandum is uncorrected and subject to revision before publication in the New York Reports. ----------------------------------------------------------------- No. 101 The People &c., Respondent, v. Vilma Bautista, Appellant.

Nathan Z. Dershowitz, for appellant. Garrett A. Lynch, for respondent.

MEMORANDUM:

The order of the Appellate Division, insofar as appealed from, should be affirmed.

Defendant was not deprived of a fair trial by the prosecutor's remarks in summation, as they reflected arguments

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- 2 - No. 101 that were fairly inferable from the evidence adduced at trial. Further, we agree with the courts below that the notes taken during the interviews of an unindicted alleged coconspirator were not subject to disclosure under Brady v Maryland (373 US 83 [1963]) because, contrary to defendant's contention, the notes were not exculpatory as to defendant's convictions of criminal tax fraud in the first degree and offering a false instrument for filing in the first degree.

* * * * * * * * * * * * * * * * * Order, insofar as appealed from, affirmed, in a memorandum. Chief Judge DiFiore and Judges Rivera, Stein, Fahey, Garcia, Wilson and Feinman concur. Decided October 19, 2017

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