PEOPLE v. BROWN


43 A.D.2d 743 (1973)

The People of the State of New York, Respondent, v. James Brown, Also Known as Wesley Kellam, Appellant

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

December 31, 1973


Judgment affirmed (CPL 470.05, subd. 1). In this case we deplore the comments, made by the prosecutor in summation, that he would not countenance false testimony by a People's witness.

In effect, he was skirting the borderline of the cases interdicting the practice of a prosecutor making himself an unsworn witness and supporting his case by his own veracity and position. We also look with disfavor upon an attempt to prove another crime, which the Trial Judge excluded...

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