PEOPLE v. EPOLITO

8893, 382738/09.

101 A.D.3d 1603 (2012)

957 N.Y.S.2d 518

2012 NY Slip Op 8885

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. RICHARD EPOLITO, Appellant.

Appellate Division of the Supreme Court of New York, Fourth Department.

December 21, 2012.


It is hereby ordered that the judgment so appealed from is unanimously reversed as a matter of discretion in the interest of justice and on the law and a new trial is granted.

Memorandum: On appeal from a judgment convicting him, upon a jury verdict, of robbery in the second degree (Penal Law § 160.10 [2] [a]), defendant contends in his main and pro se supplemental briefs that he was deprived of a fair trial based on, inter alia, prosecutorial misconduct on summation...

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