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PEOPLE v. GIERSZ

212 A.D.2d 805 (1995)

624 N.Y.S.2d 847

The People of the State of New York, Respondent, v. Andre Giersz, Appellant

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

February 27, 1995

Ordered that the amended judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

Contrary to the defendant's contention, there was legally sufficient evidence to support his conviction. We find, however, that he is entitled to a new trial because the prosecutor's summation exceeded the broad bounds of rhetorical comment permissible in closing arguments (see...

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