People v. Moore

Judgment unanimously reversed on the law and facts and a new trial, granted. Memorandum: A new trial is required in the interest of justice because of the improper and prejudicial conduct of the prosecutor. In summing up, the District Attorney improperly commented upon defendant’s silence when told of the charges against him (People v. Robinson, 13 N Y 2d 296, 301) and, upon defendant being a recipient of welfare saying: “Again, we start off with our superior fellow, Leon Moore; his wife tells us * * * that they are on welfare, and maybe he wanted to supplement that welfare allowance a little…