PEOPLE v. BARBOUR


96 A.D.2d 842 (1983)

The People of the State of New York, Respondent-Appellant, v. Melvin Barbour, Appellant-Respondent

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

August 1, 1983


Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. The People's cross appeal is dismissed as moot.

Defendant was tried for the crime of criminal possession of a weapon in the third degree. At trial, the prosecutor made several remarks which the People concede on appeal were inappropriate. First, in his opening statement, the prosecutor informed the jury that after defendant was brought into the police precinct...

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