PEOPLE v. ROSA


14 A.D.2d 741 (1961)

The People of the State of New York, Respondent, v. Adrian Rosa and Anibal Colon, Appellants

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

October 10, 1961


Judgments of conviction for robbery in the first degree, grand larceny in the first degree and assault in the second degree unanimously reversed, on the law, and a new trial ordered.

Although the proof of guilt was persuasive, the prejudicial remarks of the prosecutor during summation served to deprive defendant of a fair trial. Such remarks could not be effectively neutralized by curative instructions. The manner in which repeated references were made in the summation...

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