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PEOPLE v. ELDER

207 A.D.2d 498 (1994)

615 N.Y.S.2d 915

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

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

August 22, 1994

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

On appeal, the defendant contends that he was deprived of a fair trial by several improper comments that were made by the prosecutor during her summation. We agree. In view of the prosecutor's comments regarding two defense witnesses and a prosecution witness, we...

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