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People v. Mendez

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1968
30 A.D.2d 561 (N.Y. App. Div. 1968)

Opinion

May 20, 1968


Judgment of the Supreme Court, Kings County, rendered March 25, 1966 upon a jury verdict, reversed, on the law and in the interests of justice, and new trial ordered. The findings of fact below are affirmed. The District Attorney concedes, and we agree, that the prosecutor's comments during summation, inter alia, tended to introduce divisive issues and inaccurate references to the testimony adduced, which may well be considered to have been cumulatively prejudicial and to have deprived defendant of a fair evaluation of the facts by the jury. Under the circumstances, we conclude that defendant should, in the interests of justice, be accorded a new trial. Beldock, P.J., Christ, Brennan, Hopkins and Martuscello, JJ., concur.


Summaries of

People v. Mendez

Appellate Division of the Supreme Court of New York, Second Department
May 20, 1968
30 A.D.2d 561 (N.Y. App. Div. 1968)
Case details for

People v. Mendez

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANGEL MENDEZ, Appellant

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: May 20, 1968

Citations

30 A.D.2d 561 (N.Y. App. Div. 1968)