Opinion
Argued September 11, 1974
Decided October 23, 1974
Appeal from the Appellate Division of the Supreme Court in the Fourth Judicial Department, FREDERICK M. MARSHALL, J.
Ralph L. Halpern, Frank G. Raichle and R. William Stephens for appellant.
Edward C. Cosgrove, District Attorney ( Judith Blake Manzella of counsel), for respondent.
MEMORANDUM. The order appealed from should be affirmed.
The record discloses examples of grievous misconduct by the prosecution in cross-examination and summation which we strongly condemn. However, since the overwhelming proof is all but conclusive of defendant's guilt, and the misconduct does not reflect a pattern throughout the trial, but rather reactions at certain times of stress, reversal is not warranted.
Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur; Judge JASEN taking no part.
Order affirmed in a memorandum.