PEOPLE v. MECKLER


13 N.Y.2d 168 (1963)

The People of the State of New York, Respondent, v. William Meckler, Appellant.

Court of Appeals of the State of New York.

Decided October 31, 1963.


Attorney(s) appearing for the Case

Robert P. Roche and Nathan M. Medwin for appellant.

D. Vincent Cerrito, District Attorney (Howard A. Levine of counsel), for respondent.

Chief Judge DESMOND and Judges DYE, FULD, VAN VOORHIS, BURKE and FOSTER concur.


SCILEPPI, J.

The judgment should be reversed and a new trial ordered.

Defendant's conviction for driving while in an intoxicated condition must be reversed and a new trial ordered because of the prosecutor's conduct during his closing argument to the jury. In summing up, the District Attorney not only characterized defendant as a gambler when the evidence did not support this accusation, but indulged...

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