PEOPLE v. CASTILLO


16 A.D.2d 235 (1962)

The People of the State of New York, Respondent, v. Francisco Castillo, Appellant

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

April 17, 1962.


Attorney(s) appearing for the Case

Irving Rodin for appellant.

Irving Lang of counsel (H. Richard Uviller with him on the brief; Frank S. Hogan, District Attorney), for respondent.

McNALLY, STEUER and BASTOW, JJ., concur in Per Curiam opinion; STEVENS, J., dissents in opinion in which VALENTE, J. P., concurs.


Per Curiam.

The principal question presented on this appeal relates to alleged improper remarks made by the prosecutor in summation. Proof of the guilt of defendant is overwhelming but we recognize the pronouncement of our highest court that it has "refused `to announce a doctrine that the fundamentals of fair trial need not be respected if there is proof in the record to persuade us of defendant's guilt.'" (People...

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