PEOPLE v. CRUZ


52 A.D.2d 1 (1976)

The People of the State of New York, Respondent, v. Rafael Rios Cruz, Appellant

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

April 15, 1976


Attorney(s) appearing for the Case

Henry Winestine of counsel (William E. Hellerstein and William J. Gallagher, attorneys), for appellant.

Vincent L. Gambale of counsel (Mario Merola, District Attorney), for respondent.

KUPFERMAN, J. P., MURPHY, SILVERMAN, CAPOZZOLI and LANE, JJ., concur.


Per Curiam.

There is sufficient evidence in the record to sustain the guilty verdict returned by the jury. However, because of the conduct of the prosecutor, with an assist by defense counsel to a lesser extent, we are of the unanimous opinion that this defendant was deprived of his constitutional right to a fair trial and the verdict therefore cannot stand.

This court finds that, because of the refusal of the...

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