PEOPLE v. MONTES


141 A.D.2d 767 (1988)

The People of the State of New York, Respondent, v. Nelson Montes, Appellant

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

June 20, 1988


Ordered that the judgment is reversed, on the law, and a new trial is ordered. The facts have been considered and determined to have been established.

The defendant stands convicted of having intentionally murdered his uncle by a stabbing which occurred during an argument. Despite the strong evidence of guilt adduced at the trial, we find that reversal is required because the defendant did not receive a fair trial.

During his summation, defense counsel argued...

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