People v. Butler

—Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered August 3, 1977, convicting him of attempted murder in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. Improper and inflammatory remarks in the prosecutor’s summation, errors in the court’s charge and improper evidentiary rulings require reversal. It was error for the prosecutor to (1) dwell extensively upon the failure of an alibi witness to promptly report her evidence to either the…