PEOPLE v. POINTER


262 A.D.2d 505 (1999)

691 N.Y.S.2d 319

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. FRANK POINTER, Appellant.

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

Decided June 14, 1999.


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

The prosecutor's mischaracterization of the defendant's testimony, which was intended to convince the jury that the defendant had admitted his guilt when in fact he had not, constituted a gross distortion, the magnitude of which was highly prejudicial (see, People v Romain, 137 A.D.2d 848

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