PEOPLE v. BANKS


40 A.D.2d 833 (1972)

The People of the State of New York, Respondent, v. Martina Banks, Appellant

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

November 6, 1972


Judgment reversed, on the law and in the interests of justice, and new trial ordered.

The trial was permeated by heated exchanges between counsel most of which were brought on by the improper conduct of the prosecutor. Vigorous prosecution is not only permissible, but commendable; nevertheless, the desire to obtain a conviction does not warrant the injunction of extraneous and prejudicial comment into the proceedings. Under the circumstances of this case we feel that...

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