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PEOPLE v. RIVERA

55 A.D.2d 878 (1977)

The People of the State of New York, Respondent, v. Daniel Rivera, Appellant The People of the State of New York, Respondent, v. Jose De Castro, Appellant

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

January 13, 1977

The defendants, together with two others, were tried for acting in concert to commit rape in the first degree. The defense was consent. There was a closely contested issue, and we reverse solely on the ground of prosecutorial misconduct. The prosecutor's acts of discourtesy to the court and to opposing counsel and other improper acts resulted in depriving the defendants of a fair trial. (See People v Cruz,

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