PEOPLE v. ALVAREZ


4 A.D.2d 45 (1957)

The People of the State of New York, Respondent, v. Leonard Alvarez, Appellant

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

June 4, 1957.


Attorney(s) appearing for the Case

Otto F. Fusco for appellant.

Walter E. Dillon of counsel (Daniel V. Sullivan, District Attorney, Bronx County, attorney), for respondent.

BREITEL, J. P., RABIN, FRANK, VALENTE and McNALLY, JJ., concur.


Per Curiam.

In this case, the assistant district attorney made abortive attempts to offer proof which was clearly incompetent. In addition, he indulged in improper comment during summation. Adequate rulings by the trial court prevented error prejudicial to the defendant.

Trial tactics like those employed by the prosecutor in this case, could result in reversible error, even in the face of prompt action by the...

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