People v. Matthews
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment convicting defendant after jury trial of unlawful possession of a weapon as a felony (former Penal Law, § 1897, subd. 3) unanimously reversed and vacated, on the law and in the interests of justice *680and a new trial directed. The reversal is required because the defendant did not receive “ a fair trial, a trial neither colored nor influenced by irrelevant matters likely to mislead or confuse the jury.” (People v. Carborano, 301 N. Y. 39, 42.) The clearly improper and prejudicial remarks of the Assistant District Attorney in his closing address “had a decided tendency to blur the issue…
2Cases cited5 opinions
- People v. MleczkoNew York Court of Appeals · 1948
- People v. CarboranoNew York Court of Appeals · 1950
- People v. . SloverNew York Court of Appeals · 1921
- People v. LattaAppellate Division of the Supreme Court of the State of New York · 1930
- People v. Van ArsdaleAppellate Division of the Supreme Court of the State of New York · 1934
3Cited by9 opinions
- People v. OrtizAppellate Division of the Supreme Court of the State of New York · 1986
- People v. KellerAppellate Division of the Supreme Court of the State of New York · 1979
- People v. RiveraAppellate Division of the Supreme Court of the State of New York · 1988
- People v. McReynoldsAppellate Division of the Supreme Court of the State of New York · 1991
- Coxwell v. StateMississippi Supreme Court · 1980
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