PEOPLE v. HENDRICKSON


73 A.D.2d 676 (1979)

The People of the State of New York, Respondent, v. Roy Hendrickson, Appellant

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

December 24, 1979


Judgment reversed, on the law, and new trial ordered.

The facts upon which the conviction was based have not been considered. The prosecutor commented, in his summation, "Fortunately the police car came on the scene. No violence took place. No violence [was] involved because the officers saw the movement of the defendant's hands." This comment was completely without basis in the record, and might have implied to the jury that the defendant intended to commit crimes...

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