People v. McLeod

Appeal by defendant from a judgment of the Supreme Court, Kings County (Starkey, J.), rendered July 31, 1980, convicting him of attempted robbery in the first degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Although sufficient evidence was adduced in this “pure” identification case to support a jury verdict finding defendant guilty of attempted robbery in the first degree, comments by the prosecutor upon summation clearly deprived defendant of a fair trial. It was improper, inter…