Judgment, Supreme Court, Bronx County (Bonnie Wittner, J., at Sandoval hearing; Nicholas Figueroa, J., at trial and sentence), rendered January 28, 1988, convicting defendant, after a jury trial, of two counts of robbery in the first degree and imposing concurrent sentences, as a second felony offender, of 6 to 12 years’ imprisonment, unanimously reversed, on the law and in the interest of justice, and the matter is remanded for a new trial.
Because the issue of defendant’s guilt was extremely close (although still within the province of the jury to determine), we find that the prosecutorial misconduct disclosed on this record was prejudicial to defendant and deprived him of a fair trial.
Two of the prosecutor’s excesses did not rise to the level of reversible error in the context of this trial. The first (a calculated evasion of the trial court’s Sandoval ruling limiting the information pertaining to defendant’s prior criminality the jury was permitted to receive) consisted of an improper reference to the use of an alias by defendant in prior transactions with the police (People v Dowdell, 88 AD2d 239). This stratagem, however, did not end up adding much to the evidence properly before the jury that defendant had been convicted of a felony, and, as brought out by defendant himself, he was on parole at the time of his arrest in this case.
What cannot be condoned by us is a third prosecutorial impropriety which compromised the integrity of the entire trial. At some time in the course of events, this Trial Assistant made an indefensible decision to accuse defendant (and squarely implicating his counsel) of fabricating his defense only after hearing the complainant and the People’s witnesses testify. This defense, which had some strong evidentiary support, was that defendant and complainant had a prior relationship before the alleged robbery, and that the complainant was maliciously motivated by defendant’s rejection of complainant’s sexual advances falsely to manufacture the entire criminal incident. This contention went to the heart of the defense case, because complainant testified that he learned defendant’s identity on the last of three wholly accidental postcrime confrontations when defendant negligently dropped his wallet containing his identification and parole papers. Defendant, on the contrary, testified that he mistakenly left these incriminating items after a visit to complainant’s apartment at the latter’s express invitation. Knowing full well that
