PEOPLE v. ROOPCHAND


107 A.D.2d 35 (1985)

The People of the State of New York, Respondent, v. Wilfred Roopchand, Appellant

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

February 19, 1985


Attorney(s) appearing for the Case

William E. Hellerstein (Robin Nichinsky of counsel), for appellant.

John J. Santucci, District Attorney (Merri Turk Lasky of counsel), for respondent.

Titone, J. P., Bracken and NIEHOFF, JJ., concur; GIBBONS, J., dissents and votes to reverse the judgment appealed from and to order a new trial, in an opinion in which BROWN, J., concurs.


Per Curiam.

The core question dividing us is whether the trial prosecutor's remarks in summation, which were patently improper and which we unequivocally condemn, entitle the defendant to a new trial. A review of the record convinces the majority of us that reversal is not warranted.

Reversal for prosecutorial misconduct "`is properly shunned when the misconduct has not substantially prejudiced a defendant's trial...

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