People v. Bentley

in a memorandum as follows: I concur in the majority’s dismissal of the count of the indictment charging defendant with criminal possession of a controlled substance but would also reverse and remand for a new trial on the attempted murder charge by reason of the prejudicial nature of the prosecutor’s summation, which deprived defendant of a fair trial.

In summation, the Assistant District Attorney, in marshaling the evidence, made the following statements:

"And then he [defendant] realized how stupid and he runs upstairs and that’s when the thinking starts setting in. Remember the testimony…