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People v. Moore

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 27, 1966
26 A.D.2d 902 (N.Y. App. Div. 1966)

Opinion

October 27, 1966

Appeal from the Erie County Court.

Present — Williams, P.J., Bastow, Goldman, Henry and Marsh, JJ.


Judgment unanimously reversed on the law and facts and a new trial granted. Memorandum: A new trial is required in the interest of justice because of the improper and prejudicial conduct of the prosecutor. In summing up, the District Attorney improperly commented upon defendant's silence when told of the charges against him ( People v. Robinson, 13 N.Y.2d 296, 301) and, upon defendant being a recipient of welfare saying: "Again, we start off with our superior fellow, Leon Moore; his wife tells us * * * that they are on welfare, and maybe he wanted to supplement that welfare allowance a little bit by a little extra curricular activity. So, he goes down to the corner of Michigan and William with his gun". The District Attorney also exceeded proper limits in telling the jury that if they wanted to live in a community where crime runs rampant they should acquit the defendant. ( People v. Fielding, 158 N.Y. 542, 546, 551, 553; People v. Maurilla, 189 App. Div. 809, affd. 229 N.Y. 600; Annotation 85 ALR 2d 1132.)


Summaries of

People v. Moore

Appellate Division of the Supreme Court of New York, Fourth Department
Oct 27, 1966
26 A.D.2d 902 (N.Y. App. Div. 1966)
Case details for

People v. Moore

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. LEON MOORE, Appellant

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

Date published: Oct 27, 1966

Citations

26 A.D.2d 902 (N.Y. App. Div. 1966)

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