PEOPLE v. SCHAAFF


71 A.D.2d 630 (1979)

The People of the State of New York, Respondent, v. John Schaaff, Appellant

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

July 9, 1979


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

The prosecution's summation to the jury in this case was so improper and inflammatory that the defendant was denied a fair trial. In view of the less than overwhelming evidence of identification as to this defendant, the judgment of conviction must be reversed. In commenting on the failure of the investigating police officers to utilize photographic surveillance...

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