51 A.D.2d 1043 | N.Y. App. Div. | 1976
Appeal by defendant from a judgment of the County Court, Rockland County, rendered June 18, 1974, convicting him of murder (two counts) and conspiracy in the third degree, upon a jury verdict, and imposing sentence. Judgment affirmed. No opinion. Hopkins, Acting P. J., Martuscello, Cohalan and Rabin, JJ., concur; Margett, J., votes to reverse the judgment and order a new trial, with the following memorandum: In my view, the comments made by the prosecutor during summation went beyond permissible bounds when he improperly speculated upon facts not in evidence; characterized the defendants as "proven cold-blooded killers”; and personally vouched for the honesty of several prosecution witnesses (see People v Figueroa, 38 AD2d 595; People v Hickman, 34 AD2d 831). I am particularly disturbed by his admonition to the jury that it should not be bothered by the doctrine of reasonable doubt. "Not only the individual defendant but the public at large is entitled to assurance that there shall be full observance and enforcement of the cardinal right of a defendant to a