PEOPLE v. ASHWAL


39 N.Y.2d 105 (1976)

The People of the State of New York, Respondent, v. Eugene Ashwal, Appellant.

Court of Appeals of the State of New York.

Decided April 1, 1976.


Attorney(s) appearing for the Case

Philip L. Weinstein and William E. Hellerstein for appellant.

Eugene Gold, District Attorney (J. Mitchell Rosenberg of counsel), for respondent.

Chief Judge BREITEL and Judges JASEN, GABRIELLI, JONES, FUCHSBERG and COOKE concur.


WACHTLER, J.

The principal question on this appeal is whether the defendant was deprived of his right to a fair trial because of a comment made by the prosecutor during summation. In our view the statement was prejudicial and the defendant is entitled to a new trial.

For several years the defendant and Stan Fulfaro were, according to the defendant, "very good friends." Fulfaro was also a former drug addict...

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