People v. Milano

Judgment, Supreme Court, Bronx County, rendered on January 26, 1976, convicting defendant, after a jury trial, of burglary in the second degree, unanimously reversed, on the law, and a new trial directed. In our opinion the defendant was denied a fair trial by the prosecutor’s improper cross-examination of an alibi witness and, in particular, by his persistent improper efforts to discredit such witness, the clear purport of which was to implant in the jurors’ minds the proposition that the witness was unworthy of belief because he had failed to promptly divulge the subject matter of his alibi…