People v. Kane

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered September 9, 1974, convicting him of grand larceny in the third degree and assault in the third 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. No questions of fact have been raised or considered. In the course of his summation the prosecutor made three remarks which, taken singly or in the composite, deprived defendant of a fair trial (see People v Crimmins, 36 NY2d 230). The offending and…