People v. McReynolds, 175 A.D.2d 31 (N.Y. App. Div. 1991). · Go Syfert
People v. McReynolds, 175 A.D.2d 31 (N.Y. App. Div. 1991). Cases Citing This Book View Copy Cite
6 citation events (4 in the last 25 years) across 3 distinct courts.
Strongest positive: People v. Gordon (nyappdiv, 2008-04-08)
Top citers, strongest first. 2 distinct citers. How cited ↗
discussed Cited as authority (rule) People v. Gordon
N.Y. App. Div. · 2008 · confidence medium
Further, the prosecutor improperly attacked the credibility of defense counsel by accusing him of withholding the truth from the jury (see People v Pagan, 2 AD3d at 880; People v McReynolds, 175 AD2d 31, 32 [1991]; People v Simms, 130 AD 2d 525, 526 [1987]).
discussed Cited "see, e.g." People v. Wlasiuk
N.Y. App. Div. · 2006 · signal: compare · confidence medium
Briefly stated, the prosecutor repeatedly expressed a personal opinion concerning the merits of particular evidence (see People v Bailey, 58 NY2d 272, 277 [1983]), disparaged defendant, characterized his testimony and that of his witnesses as “lies” (see People v Levandowski, 8 AD3d 898, 900 [2004]; compare People v McCombs, 18 AD3d 888, 890 [2005]) and maligned defense counsel and his arguments (see People v McReynolds, 175 AD2d 31, 31-32 [1991]).
Retrieving the full opinion text from the archive…
The People of the State of New York
v.
Larry McReynolds
Appellate Division of the Supreme Court of the State of New York.
Jul 11, 1991.
175 A.D.2d 31
1991 N.Y. App. Div. LEXIS 9534
Cited by 5 opinions  |  Published

— Judgment of the Supreme Court, Bronx County (Joseph Mazur, J.), rendered on December 5, 1988, which convicted defendant of criminal sale of a controlled substance in the third degree, after a jury trial, and sentenced him to an indeterminate term of imprisonment of six to twelve years, unanimously reversed, on the law and the facts and as a matter of discretion in the interest of justice, and the matter is remanded for a new trial.

We reverse in the interest of justice because the prosecutor’s ad hominem remarks during summation, directed at defense counsel, so overstepped the bounds of permissible comment that appellant was denied a fair trial.

During summation, a prosecutor may respond to defense counsel’s summation, but it is improper to mischaracterize the defense and impugn the defense counsel’s integrity. (People v Galloway, 54 NY2d 396, 398; People v Matthews, 33 AD2d 679; People v Ortiz, 116 AD2d 531 [1st Dept 1986].) Here, the prosecutor exceeded permissible bounds by calling the defense counsel’s arguments "worthless”, and vouching for his argument that the defense was a fabrication. At one point he[*32] stated, "There is a lot of fabrication going on in this courtroom but it is not coming from the witness stand, I swear to you.” Counsel’s integrity was not at issue, and it was, accordingly, highly inappropriate to urge that counsel was attempting to mislead the jury. (People v Steinhardt, 9 NY2d 267, 271.) In light of the prosecutor’s comment that certain testimony went uncontradicted, he should not have offered his personal assurance that the testimony he produced was credible. (People v Petrucelli, 44 AD2d 58.)

Based on the prosecutor’s improper summation, the appellant was denied his due process right to a fair trial.

Appellant’s motion to enlarge the record is denied as moot. Concur — Murphy, P. J., Wallach, Asch, Kassal and Smith, JJ.