PEOPLE v. GRICE


100 A.D.2d 419 (1984)

The People of the State of New York, Respondent, v. James Grice, Appellant

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

April 12, 1984


Attorney(s) appearing for the Case

Edward J. Nowak, Public Defender (Susan Cable of counsel), for appellant.

Howard R. Relin, District Attorney (Melvin Bressler of counsel), for respondent.

DOERR, J. P., BOOMER, O'DONNELL and SCHNEPP, JJ., concur.


GREEN, J.

The principal question presented on this appeal is whether the misconduct of the prosecutor deprived defendant of his fundamental right to a fair trial. The record amply demonstrates that the prosecutor's attitude and tactics throughout the trial were improper. Defendant's conviction of murder in the second degree must be reversed and a new trial granted.

Defendant was accused of killing Lewis Phillips, Sr., with a shotgun during a fight...

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