People v. Nieves

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Giaccio, J.), rendered September 12, 1990, convicting her of assault in the second degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is reversed, on the law, and a *277new trial is ordered. No questions of fact have been raised or considered.

We agree with the defendant’s contention that she is entitled to a new trial as a result of prosecutorial misconduct. The evidence of the defendant’s guilt was not overwhelming. The People presented…