PEOPLE v. BUTLER


67 A.D.2d 950 (1979)

The People of the State of New York, Respondent, v. Alvin Butler, Also Known as Alvin Hill, Also Known as James Hill, Appellant

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

February 13, 1979


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

Improper and inflammatory remarks in the prosecutor's summation, errors in the court's charge and improper evidentiary rulings require reversal. It was error for the prosecutor to (1) dwell extensively upon the failure of an alibi witness to promptly report her evidence to either the police or the District Attorney since she has no such obligation (see

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