People v. Marino

Appellate Division of the Supreme Court of New York

People v. Marino

33 A.D.2d 699, 306 N.Y.S.2d 648, 1969 N.Y. App. Div. LEXIS 2853

CourtAppellate Division of the Supreme Court of the State of New York

DecidedNovember 17, 1969

StatusPublished

This text of 33 A.D.2d 699 (People v. Marino) is published on Counsel Stack Legal Research, covering Appellate Division of the Supreme Court of the State of New York primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

People v. Marino, 33 A.D.2d 699, 306 N.Y.S.2d 648, 1969 N.Y. App. Div. LEXIS 2853 (N.Y. Ct. App. 1969).

Pincite

Opinion

Appeal by defendant from a judgment of the County Court, Suffolk County, rendered October 14, 1968, convicting him of assault in the second degree (two counts), upon a jury verdict, and imposing sentence. Judgment reversed, on the law and in the interests of justice, and new trial ordered. The findings of fact below have not been considered. In our opinion, under the circumstances of this case, the improper comments by the prosecutor during summation were of such a prejudicial nature as to warrant a new trial (People v. Jackson, 7 N Y 2d 142; People v. Lovello, 1 N Y 2d 436, 439; People v. Smith, 26 A D 2d 588). Beldock, P. J., Christ, Brennan, Rabin and Kleinfeld, JJ., concur.

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Appeal by defendant from a judgment of the County Court, Suffolk County, rendered October 14, 1968, convicting him of assault in the second degree (two counts), upon a jury verdict, and imposing sentence. Judgment reversed, on the law and in the interests of justice, and new trial ordered. The findings of fact below have not been considered. In our opinion, under the circumstances of this case, the improper comments by the prosecutor during summation were of such a prejudicial nature as to warrant a new trial (People v. Jackson, 7 N Y 2d 142; People v. Lovello, 1 N Y 2d 436, 439; People v. Smith, 26 A D 2d 588). Beldock, P. J., Christ, Brennan, Rabin and Kleinfeld, JJ., concur.

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Bluebook (online)

33 A.D.2d 699, 306 N.Y.S.2d 648, 1969 N.Y. App. Div. LEXIS 2853, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-marino-nyappdiv-1969.