People v. Williams

I concur on constraint of this Court’s affirmance of the conviction of defendant’s co-defendant, Charles Burress (164 AD2d 825), in which this Court, while finding unspecified improprieties in the prosecutor’s summation, declined to upset the conviction upon the ground that the resulting prejudice had been dissipated by the Court’s curative instructions. As the *69identical summation is here at issue, principles of stare decisis dictate a vote which I would not otherwise cast.

The defendant had been arrested in a "buy and bust” operation. His defense at trial was that he had been misidentified…