PEOPLE v. BURNEY


20 A.D.2d 617 (1963)

The People of the State of New York, Respondent, v. Charles Burney, Appellant

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

December 5, 1963


Judgment unanimously reversed on the law and facts and a new trial granted.

Memorandum:

The verdict of the jury was against the weight of the evidence. Reversal is also required because of the prejudicial and inflammatory remarks of the District Attorney during the summation. The effect of his injection of race and color into the case was unwarranted and improper. "The vice of such an argument is not only that it is predicated on a false and illogical premise...

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