PEOPLE v. SMITH


288 A.D.2d 496 (2001)

733 N.Y.S.2d 237

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JARRETT SMITH, Appellant.

Appellate Division of the Supreme Court of the State of New York, Second Department.

Decided November 26, 2001.


Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

The defense counsel objected to many of the prosecutor's improper summation comments and moved for a mistrial on that ground after the conclusion of the summation. To the extent that the defendant's objections to some of the improper summation comments were not properly preserved for appellate review, we pass upon them under our authority...

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