PEOPLE v. LYKING


147 A.D.2d 504 (1989)

The People of the State of New York, Respondent, v. Leroy Lyking, Appellant

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

February 6, 1989


Ordered that the judgment is reversed, on the law, and a new trial is ordered. No questions of fact have been raised or considered.

The defendant was convicted of shooting the complainant, whom he had known for about 10 years and who was the sole eyewitness to the crime.

We find that, under the circumstances of this case, prosecutorial misconduct during the People's summation deprived the defendant of a fair trial.

During her summation, the prosecutrix...

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