Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered.
During his summation, the prosecutor made many remarks which were improper. He commented on the failure of the defense to call "Jack", a person whose name had been mentioned during the defendant's case, and stated that "Jack" was a fictitious person who had been concocted by the defense. The burden of proof is on the People and never shifts. The prosecutor...
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