PEOPLE v. TUCCI


112 A.D.2d 19 (1985)

The People of the State of New York, Respondent, v. Dominick Tucci, Appellant

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

June 4, 1985


Judgment unanimously affirmed.

Memorandum:

Defendant appeals from his conviction of murder in the second degree. The prosecutor improperly questioned defendant about women's underwear in his possession, which was not related in any way to the crime charged, and improperly mentioned the underwear in summation. He also was wrong in referring in summation to a phone call about the victim which was not in evidence and would have been improper if offered. However...

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