Opinion
December 31, 1975
Appeal by defendant from (1) a judgment of the County Court, Rockland County, rendered June 18, 1974, convicting him of murder (two counts) and conspiracy in the first degree, upon a jury verdict, and imposing sentence, and (2) an order of the same court, entered August 1, 1975, which denied his application for a new trial based on newly discovered evidence. Permission to appeal from the order is hereby granted by Mr. Justice Martuscello. Judgment and order affirmed (People v Crimmins, 36 N.Y.2d 230).
The comments made by the prosecutor during summation were so prejudicial as to deprive defendant of a fair trial. Among other things, the prosecutor improperly speculated upon facts not in evidence, characterized defendants as proven killers, personally vouched for the honesty of several prosecution witnesses, and commented on the weight of the evidence, particularly that the jury should not be bothered by the doctrine of reasonable doubt. Such behavior mandates a new trial (People v Crimmins, 36 N.Y.2d 230).