PEOPLE v. McKUTCHEN


76 A.D.2d 934 (1980)

The People of the State of New York, Respondent, v. Norman McKutchen, Appellant

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

June 30, 1980


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

In the instant case, the dominant issue was one of identity and the resolution of that issue depended solely upon the jury's assessment of the relative credibility of the defendant versus the People's only eyewitness, an undercover narcotics investigator. However, the prosecutor, during summation, improperly sought to bolster the credibility of this all-important...

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