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People v. Powell

Appellate Division of the Supreme Court of New York, Second Department
Jul 24, 1978
64 A.D.2d 676 (N.Y. App. Div. 1978)

Opinion

July 24, 1978


Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered March 31, 1977, convicting him of criminal sale of a controlled substance in the second 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. The proof against the defendant was not overwhelming, a sharp issue of identification was presented, and the defendant adduced alibi testimony, all of which emphasized the importance of a fair trial. We find that the Assistant District Attorney, in her summation, exceeded the bounds of due process in her reference to defense counsel and the alibi witnesses (see People v Sarmiento, 40 A.D.2d 562; People v Coles, 47 A.D.2d 905; People v Burnside, 52 A.D.2d 626; People v Tatum, 54 A.D.2d 950). Since the issue of guilt was close, the references were prejudicial and require a new trial. Hopkins, J.P., Damiani, Titone and Suozzi, JJ., concur.


Summaries of

People v. Powell

Appellate Division of the Supreme Court of New York, Second Department
Jul 24, 1978
64 A.D.2d 676 (N.Y. App. Div. 1978)
Case details for

People v. Powell

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. CHARLES POWELL…

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

Date published: Jul 24, 1978

Citations

64 A.D.2d 676 (N.Y. App. Div. 1978)