PEOPLE v. FERNANDEZ


82 A.D.2d 726 (1981)

The People of the State of New York, Respondent, v. Arcadio Fernandez, Appellant

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

June 2, 1981


Carro, J., concurs in a memorandum as follows:

No objection was taken at trial to the prosecutor's misconduct on summation, nor was such misconduct sufficient to deprive the defendant of a fair trial, so as to prompt this court to exercise its discretionary power of review. However, the prosecutor did on several occasions too closely skirt the line between fair and improper comment. He exceeded the bounds of legitimate advocacy by stating that defendant...

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