People v. Mackell

Chief Judge Breitel

(concurring). A reading of the opinion by the Appellate Division, let alone of the record in the case, demonstrates that the basis for that court’s view in overturning the judgments of conviction was the Trial Justice’s grave errors, gross prosecutorial misconduct, and legal insufficiency of evidence. The opinion says as much. It could have hardly said anything on the weight of the evidence in view of the quantity and quality of the evidence received on the trial. If that were all to the matter there would be no question that these issues, constituting exclusively issues of…