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People v. Mejias

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1979
72 A.D.2d 570 (N.Y. App. Div. 1979)

Opinion

October 15, 1979


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered May 14, 1974, convicting her of criminal sale of a dangerous drug in the third degree (two counts), criminal possession of a dangerous drug in the fourth degree (two counts), criminal possession of a dangerous drug in the sixth degree (two counts), criminal sale of a controlled substance in the third degree, criminal possession of a controlled substance in the third degree, and criminal possession of a controlled substance in the seventh degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Defendant was denied a fair trial by various acts of prosecutorial misconduct. Among the errors committed were the use of an unnecessarily and unwarranted inflammatory summation (see People v Dennis, 62 A.D.2d 1022; People v Reyes, 64 A.D.2d 657), the prosecutor making himself an unsworn witness, the introduction of defendant's prior history in an effort to establish a propensity to commit the crimes charged (see People v Wright, 41 N.Y.2d 172), and the arguments urged that defendant's association with undesirables was evidence of guilt (see People v Termini, 65 A.D.2d 825) and that the Grand Jury indictment was evidence of guilt (see People v Donaldson, 49 A.D.2d 1004). Although objections were often sustained and curative instructions were ofttimes given, the totality of the circumstances indicates that defendant was deprived of her basic right to a fair trial. Accordingly, a new trial is necessary. Damiani, J.P., O'Connor, Lazer and Margett, JJ., concur.


Summaries of

People v. Mejias

Appellate Division of the Supreme Court of New York, Second Department
Oct 15, 1979
72 A.D.2d 570 (N.Y. App. Div. 1979)
Case details for

People v. Mejias

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELBA MEJIAS, Appellant

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

Date published: Oct 15, 1979

Citations

72 A.D.2d 570 (N.Y. App. Div. 1979)

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