PEOPLE v. ROSS


14 A.D.2d 519 (1961)

The People of the State of New York, Respondent, v. John Ross, Appellant, et al., Defendant

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

July 6, 1961


The People concede that many of the statements and remarks on the part of the Assistant District Attorney upon the trial were unwarranted and unnecessary. It appears on the record here, that the prosecutor, by certain irrelevant and prejudicial questions to witnesses and certain improper and prejudicial comment in summation, prejudiced the appellant in the eyes of the jury. We have said "We reiterate that it is as much the function of the prosecutor as it is of the court...

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