UNITED STATES v. MODICA

No. 1025, Docket 80-1482.

663 F.2d 1173 (1981)

UNITED STATES of America, Appellee, v. Gaetano MODICA, Appellant.

United States Court of Appeals, Second Circuit.

Decided October 30, 1981.


Attorney(s) appearing for the Case

Barry E. Schulman, Brooklyn, N. Y. (Edwin I. Schulman and Schulman & Laifer, Brooklyn, N. Y., of counsel), for appellant.

William J. Cunningham, III, Brooklyn, N. Y. (Edward R. Korman, U. S. Atty., Brooklyn, N. Y., Jane Simkin Smith, Asst. U. S. Atty., E.D.N.Y., New York City, of counsel), for appellee.

Before TIMBERS and NEWMAN, Circuit Judges, and SOFAER, District Judge.


PER CURIAM:

This appeal — like far too many reaching this Court — centers on improper statements made by a prosecutor in his summation to a jury. Such misconduct has gone largely unremedied, for appellate courts are understandably reluctant to reverse convictions merely to discipline prosecutors. This case, too, is one in which the prosecutor's improper remarks do not warrant reversal of the conviction. The time has come, however, to explore possible...

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