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PEOPLE v. ALEXANDER

94 N.Y.2d 382 (1999)

727 N.E.2d 109

705 N.Y.S.2d 551

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ANDRE L. ALEXANDER, Appellant.

Court of Appeals of the State of New York.

Decided December 21, 1999.

Attorney(s) appearing for the Case

Ackerman, Wachs & Finton, P. C., Albany (F. Stanton Ackerman and Theresa M. Suozzi of counsel), for appellant.

Sol Greenberg, District Attorney of Albany County, Albany (Christopher D. Horn of counsel), for respondent.

Chief Judge KAYE and Judges BELLACOSA, SMITH, LEVINE, CIPARICK and WESLEY concur.

OPINION OF THE COURT

ROSENBLATT, J.

In the case before us the prosecutor, in summation, urged the jury to give added credit to a witness' identification of defendant because the witness and the defendant were both African-American. We hold that under the circumstances presented the summation was improper. Because the error was not harmless, we reverse defendant's conviction and order a new trial.

At approximately 2:30 A.M. on January 25, 1997, a...

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