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PEOPLE v. KING

73 A.D.2d 895 (1980)

The People of the State of New York, Respondent, v. Willie King, Appellant

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

January 24, 1980

At the trial of this assault case the sole defense was mistaken identification. Defendant attempted to show that one Marvin Mitchell, not he, was the assailant. In the course of his summation the prosecutor commented as follows: "Defense counsel wants you to put Marvin Mitchell on trial. She wants you to put anybody on trial. Absolutely anybody. She could see somebody out in court and she would say, yeah, it's him. It's somebody...

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