People v. Cruz

There is sufficient evidence in the record to sustain the guilty verdict returned by the jury. However, because of the conduct of the prosecutor, with an assist by defense counsel to a lesser extent, we are of the unanimous opinion that this defendant was deprived of his constitutional right to a fair trial and the verdict therefore cannot stand.

This court finds that, because of the refusal of the prosecutor to abide by the trial court’s instructions, his acts of discourtesy, not only to opposing counsel, but also to the court, his use of leading questions, to the prejudice of the defendant,…