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People v. Marino

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1969
33 A.D.2d 699 (N.Y. App. Div. 1969)

Opinion

November 17, 1969


Appeal by defendant from a judgment of the County Court, Suffolk County, rendered October 14, 1968, convicting him of assault in the second degree (two counts), upon a jury verdict, and imposing sentence. Judgment reversed, on the law and in the interests of justice, and new trial ordered. The findings of fact below have not been considered. In our opinion, under the circumstances of this case, the improper comments by the prosecutor during summation were of such a prejudicial nature as to warrant a new trial ( People v. Jackson, 7 N.Y.2d 142; People v. Lovello, 1 N.Y.2d 436, 439; People v. Smith, 26 A.D.2d 588). Beldock, P.J., Christ, Brennan, Rabin and Kleinfeld, JJ., concur.


Summaries of

People v. Marino

Appellate Division of the Supreme Court of New York, Second Department
Nov 17, 1969
33 A.D.2d 699 (N.Y. App. Div. 1969)
Case details for

People v. Marino

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANKLIN ROCCO MARINO…

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

Date published: Nov 17, 1969

Citations

33 A.D.2d 699 (N.Y. App. Div. 1969)