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PEOPLE v. W.

55 A.D.2d 529 (1976)

The People of the State of New York, Respondent, v. Andre W., Appellant

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

December 6, 1976

In our view, the improper conduct to which we refer below did not raise a "significant probability" that the jury would have acquitted the defendant had it not been for these improprieties. (People v Crimmins, 36 N.Y.2d 230, 242.) However, we must agree with the Trial Justice's statement as to the two attorneys that they had allowed their enthusiasm to outrun their good sense and, that both of them in their summations had "made statements...

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