People v. Alexander

Mikoll, J. P.,

(dissenting). I respectfully dissent.

The prosecutor improperly urged the jury to infer that the People’s sole eyewitness could not have erred in his identification of defendant since both were African-Americans. Arguments which encourage jurors to weigh testimony on the basis of racial similarity are inherently improper (see, People v Williams, 40 AD2d 812; People v Burris, 19 AD2d 557) and have warranted reversal even in the absence of an objection thereto (see, People v Thomas, 129 AD2d 596). Such remarks offend “the democratic and logical principle that race, creed or…