PEOPLE v. ALBERGA


57 A.D.2d 755 (1977)

The People of the State of New York, Respondent, v. James Alberga, Appellant

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

May 12, 1977


We are constrained to reverse because of the prosecutorial misconduct practiced herein. The defendant's conviction was built upon a conversation which took place three years before his Grand Jury appearance. The defendant testified that the prosecutor informed him just prior to entering the Grand Jury room that "if I [defendant] did not remember, if I said `I don't remember', it wouldn't go well with the Police Department". Defendant further described the incident as follows...

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