PEOPLE v. COLLINS


12 A.D.3d 33 (2004)

784 N.Y.S.2d 489

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALVIN COLLINS, Appellant.

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

October 21, 2004.


Attorney(s) appearing for the Case

Andrew C. Fine, The Legal Aid Society, Brooklyn (William B. Carney of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York City (Beth Beller and Susan Gliner of counsel), for respondent.

BUCKLEY, P.J., MAZZARELLI, SAXE and MARLOW, JJ., concur.


OPINION OF THE COURT

ELLERIN, J.

We hold that the catalogue of prosecutorial improprieties committed during summation to the jury in this case deprived defendant of his right to a fair trial.

Defendant was convicted of selling cocaine to an undercover police officer. The uncontested evidence at trial showed that on the night of August 12, 2001, defendant led the undercover to a location on West 146th Street where a man wearing a ski mask handed over...

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