People v. Mantesta

Judgment of the County Court, Suffolk County, rendered December 20, 1963, convicting defendant of robbery in the first degree and other related crimes, upon a jury verdict, reversed, on the law, and new trial ordered. No questions of fact have been considered. In his opening statement at the trial, the prosecuting attorney referred to a prior identification of defendant by one of the complaining witnesses. This was improper (People v. Lord, 20 A D 2d 579; People v. Bothuell, 26 A D 2d 585). In his summation, he stated, “ In my experience as an Assistant District Attorney of this County * * *…