People v. Ostrow

OPINION OF THE COURT

Memorandum.

Judgment of conviction reversed on the law and as a matter of discretion in the interest of justice, and matter remanded to the court below for a new trial.

Defendant, a public school teacher, was convicted, after a jury trial, of public lewdness (Penal Law § 245.00), exposure of a person (Penal Law § 245.01), and endangering the welfare of a child (Penal Law § 260.10), arising out of conduct involving a student. In our opinion, the judgment of conviction must be reversed because the prosecutor’s summation so “exceeded the bounds of fair advocacy” (People v…