Opinion
May 8, 1973
Judgment, Supreme Court, New York County, rendered on September 10, 1971, unanimously affirmed.
It was improper for the prosecutor, in the course of his summation, to say: "Now, Mr. Castelli asks, `Why is Alexander Pratt going to trial? He is not crazy'. Well, why don't you ask yourself maybe I didn't let him cop out, maybe I didn't let this proven robber cop out." This comes pretty close to telling the jury the defendant had been seeking to plead guilty to a lesser crime but the prosecutor would not permit it. However, since the proof is overwhelming as to the guilt of the defendant, I concur in the result reached by the court.