PEOPLE v. VIELMAN


31 A.D.3d 674 (2006)

818 N.Y.S.2d 291

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ALEX VIELMAN, Appellant.

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

July 18, 2006.


Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

When the defendant was arrested for burglary, he made an exculpatory statement to the police. At the suppression hearing, he testified in conformity with that statement and, at trial, his testimony was consistent with his earlier accounts. Nevertheless, the prosecutor, in summation, implied that he had fabricated his trial testimony...

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