PEOPLE v. HEMMINS


290 A.D.2d 219 (2002)

735 N.Y.S.2d 751

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. OTIS HEMMINS, Appellant.

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

Decided January 3, 2002.


Since the defense had argued that the police had conspired to frame defendant, but had not included the District Attorney's office in those allegations, it was improper for the prosecutor to argue in summation that in order to convict defendant the jury would have to believe this prosecution constituted a conspiracy involving the District Attorney's office (see, People v Carter, 40 N.Y.2d 933; People v Dennis,

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