PEOPLE v. McMILLAN


65 A.D.2d 776 (1978)

The People of the State of New York, Respondent, v. William McMillan, Appellant

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

November 13, 1978


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

Defendant was indicted for selling cocaine to an undercover police officer on four occasions in 1974. His defense was based on agency and entrapment. A reversal and a new trial is required because of the totally unnecessary and inflammatory remarks made by the prosecutor during his summation and the admission of testimony by an expert witness classifying...

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