People v. La Cava

Judgment unanimously reversed, on the law and facts, and new trial granted. Memorandum: We hold that the unprofessional and egregiously improper comments of the Assistant District Attorney in summation were so prejudicial as to deprive defendant of a fair trial (see People v Ashwal, 39 NY2d 105, 109-110; People v Rivera, 75 AD2d 544). The remarks to which defense counsel objected included the following: "Mr. Panzarella is trying to evoke sympathy for George La Cava. I say we are well rid of him and it doesn’t bother me one bit to say that that man is a liar and a thief, because that’s exactly…