People v. Sims

Appellate Division of the Supreme Court of New York

People v. Sims

62 A.D.2d 1043, 404 N.Y.S.2d 544, 1978 N.Y. App. Div. LEXIS 11120

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

DecidedApril 17, 1978

StatusPublished

This text of 62 A.D.2d 1043 (People v. Sims) 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. Sims, 62 A.D.2d 1043, 404 N.Y.S.2d 544, 1978 N.Y. App. Div. LEXIS 11120 (N.Y. Ct. App. 1978).

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Opinion

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 4, 1974, convicting him of robbery in the first degree, robbery in the second degree, grand larceny in the third degree (two counts) and burglary in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. No questions of fact have been raised on this appeal. The District Attorney candidly concedes, and we agree, that the prosecutor, in the course of his summation, made a number of remarks which deprived defendant of a fair trial. In view of this determination, we have not reached the other questions raised by defendant. Damiani, J. P., Titone, Suozzi and Rabin, JJ., concur.

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Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered April 4, 1974, convicting him of robbery in the first degree, robbery in the second degree, grand larceny in the third degree (two counts) and burglary in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. No questions of fact have been raised on this appeal. The District Attorney candidly concedes, and we agree, that the prosecutor, in the course of his summation, made a number of remarks which deprived defendant of a fair trial. In view of this determination, we have not reached the other questions raised by defendant. Damiani, J. P., Titone, Suozzi and Rabin, JJ., concur.

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Bluebook (online)

62 A.D.2d 1043, 404 N.Y.S.2d 544, 1978 N.Y. App. Div. LEXIS 11120, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-sims-nyappdiv-1978.