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PEOPLE v. HERNANDEZ

185 A.D.2d 147 (1992)

The People of the State of New York, Respondent, v. Michael Hernandez, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

July 2, 1992

The evidence of defendant's guilt of these crimes committed against five boys, aged eleven to fifteen, whom he persuaded to run away from home and join him in a makeshift shack in the woods near Pelham Bay, was strong and convincing and is not contested on appeal. Nevertheless, the trial prosecutor, in summation, found it necessary to misstate or mischaracterize the trial testimony; make himself an unsworn medical expert; improperly...

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