1. Home
  2. Browse Decisions
  3. Misc.3d
  4. 14 Misc.3d
  5. 14 Misc.3d 1 (2006)
 

PEOPLE v. AGUILAR

14 Misc.3d 1 (2006)

829 N.Y.S.2d 395

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. MELVIN AGUILAR, Appellant.

Supreme Court, Appellate Term, First Department.

November 2, 2006

Attorney(s) appearing for the Case

Legal Aid Society, New York City (Laura R. Johnson and Paul Wiener of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Karen Swiger and Mary Jo L. Blanchard of counsel), for respondent.

DAVIS and GANGEL-JACOB, JJ., concur; McKEON, P.J., dissents in a separate memorandum.

OPINION OF THE COURT

Per Curiam.

Judgment of conviction, rendered March 16, 2004, reversed, on the law, judgment vacated and matter remanded for a new trial.

We hold that the cumulative effect of the prosecutor's improper and inflammatory remarks in summation served to deprive defendant of his right to a fair trial (see People v Calabria, 94 N.Y.2d 519 [2000]). While a prosecutor has wide latitude "to comment...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases