People v. Buffalino

Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered December 2, 1974, convicting him of manslaughter in the second degree and assault in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law, and new trial ordered. Questions of fact have not been considered. During summation the prosecutor made flagrant misuse of evidence of a prior conviction (see People v Sorge, 301 NY 198). Based upon an assault conviction some 15 years earlier, he described defendant as an "assaultive type of character” and "not the type of man who under…