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PEOPLE v. TASSIELLO

300 N.Y. 425 (1950)

The People of the State of New York, Respondent, v. Albert Tassiello, Appellant.

Court of Appeals of the State of New York.

Decided April 13, 1950

Attorney(s) appearing for the Case

Peter L. F. Sabbatino, Thomas J. Todarelli and Edward J. Fontana for appellant.

Frank S. Hogan, District Attorney (Charles W. Manning and Whitman Knapp of counsel), for respondent.

LOUGHRAN, Ch. J., CONWAY, DESMOND, DYE, FULD and FROESSEL, JJ., concur.

LEWIS, J.

"Language which might be permitted to counsel in summing up a civil action cannot with propriety be used by a public prosecutor, who is a quasi-judicial officer, representing the People of the state, and presumed to act impartially in the interest only of justice." (People v. Fielding, 158 N.Y. 542, 547.) That pronouncement by this court is declaratory of the simple principle of fairness which...

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