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PEOPLE v. LOWRANCE

50 A.D.2d 769 (1975)

The People of the State of New York, Respondent, v. Jory Lowrance, Appellant. [Appeal No. 1181.]

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

December 16, 1975

While the jury's verdict was not against the weight of the evidence, the conclusion is inescapable that the defendant was denied a fair trial (People v Crimmins, 36 N.Y.2d 230, 238), due to prosecutorial misconduct. The trial prosecutor apparently intentionally injected racial prejudice into the proceedings when he asked his witness, the defendant's estranged wife, who unexpectedly gave testimony not helpful to the People, whether...

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