PEOPLE v. McGUINESS


7 A.D.2d 685 (1958)

The People of the State of New York, Respondent, v. Leroy McGuiness, Appellant

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

November 10, 1958


The crime charged is particularly abhorrent to a normal person but the defendant nevertheless was entitled to a fair and impartial trial. An examination of the record convinces us that he did not receive such a trial and that his conviction ought to be reversed in the interests of justice. We regard certain parts of the District Attorney's summation as inflammatory and prejudicial, and to such a degree that we cannot justly view them as harmless.

Judgment reversed...

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