Opinion
July 5, 1967
Judgment of the former County Court, Kings County, rendered September 19, 1962, convicting defendant of robbery in the first degree, upon a jury verdict, reversed, on the law and the facts, and new trial granted. In our opinion, defendant was deprived of a fair trial through the overzealousness of the assistant district attorney who commented adversely on defendant's failure to testify in his own defense. A new trial is therefore required in the interests of justice. Ughetta, Acting P.J., Christ, Brennan, Benjamin and Munder, JJ., concur.