People v. Stephens

While I agree that defendant’s robbery conviction must be affirmed, I write separately to express my views regarding the perjury conviction and the prosecution on which that conviction was based. Whether conduct on the part of the prosecutor is so outrageous as to violate a defendant’s right to due process of law necessarily is a question of degree (see, Anti-Fascist Comm. v McGrath, 341 US 123, 162 [Frankfurter, J., concurring]). But "there comes a time when enough is more than enough — it is just too much” (Williamson v United States, 311 F2d 441, 445 [Brown, J., *609concurring]) and, in my…