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PEOPLE v. JENKINS

55 A.D.2d 657 (1976)

The People of the State of New York, Respondent, v. Billy Jenkins, Appellant

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

December 20, 1976

Judgment reversed, on the law, and new trial ordered.

The District Attorney, with commendable candor, has conceded that several of the prosecutor's remarks to the jury during his summation were highly inflammatory and require a new trial. We find appellant's contention that the Trial Judge improperly charged the jury concerning the presumption contained in subdivision 1 of section 220.25 of the Penal Law to be without merit...

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