People v. Cosimo

Valente, J. (dissenting).

We agree with the majority that the record contains convincing evidence of the appellant’s guilt justifying his conviction. However, we are of the opinion that the appellant was deprived of the fundamentals of a fair trial because of the misconduct of the assistant district attorney in the presentation of the case. We are not satisfied that this misconduct did not influence the verdict. Therefore, we cannot overlook it as harmless error which did not substantially affect appellant’s rights. The mandate of section 542 of the Code of Criminal Procedure does not apply…