People v. Alvarez

In this case, the assistant district attorney made abortive attempts to offer proof which was clearly incompetent. In addition, he indulged in improper comment during summation. Adequate rulings by the trial court prevented error prejudicial to the defendant.

Trial tactics like those employed by the prosecutor in this case, could result in reversible error, even in the face of prompt action by the Presiding Judge, if the defendant were thereby deprived of a fair trial.

We reiterate that it is as much the function of the prosecutor as it is of the court to assure a fair trial to a defendant. “…