PEOPLE v. POWELL


64 A.D.2d 676 (1978)

The People of the State of New York, Respondent, v. Charles Powell, Appellant

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

July 24, 1978


Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.

The proof against the defendant was not overwhelming, a sharp issue of identification was presented, and the defendant adduced alibi testimony, all of which emphasized the importance of a fair trial. We find that the Assistant District Attorney, in her summation, exceeded the bounds of due process in her reference...

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