PEOPLE v. MOYE


52 A.D.3d 1 (2008)

857 N.Y.S.2d 126

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RONALD MOYE, Appellant.

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

May 8, 2008.


Attorney(s) appearing for the Case

Anthony L. Ricco, New York City, for appellant.

Robert M. Morgenthau, District Attorney, New York City (Mark Dwyer of counsel), for respondent.

FRIEDMAN, J.P., and BUCKLEY, J., concur with CATTERSON, J.; NARDELLI and McGUIRE, JJ., dissent in a separate opinion by McGUIRE, J.


OPINION OF THE COURT

CATTERSON, J.

In this case, we vacate a conviction and remand for a new trial because the prosecutor's conduct at trial amounted to an egregious violation of the unsworn witness rule. The form and substance of the prosecutor's summation whereby he injected himself, his pretrial conduct and his credibility into the proceedings were highly prejudicial to the defendant, and constituted prosecutorial misconduct that the trial judge impermissibly...

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