People v. Perino — 34 N.Y.2d 541

Majority

p. 541

The People of the State of New York, Respondent, v. Joseph Perino, Appellant.

Argued January 16, 1974;

decided February 21, 1974.

p. 542

Gretchen W. Oberman and Jay Goldberg for appellant.

Eugene Gold, District Attorney (J. Mitchell Rosenberg of counsel), for respondent.

Order affirmed in the following memorandum: By our affirmance, we do not condone the prosecutor’s conduct during the course of the trial, particularly on summation. In our opinion he unfairly attempted to buttress the People’s case. However, what he did fell short of constituting reversible error (see CPL 470.05, subd. 1).

Concur: Chief Judge Breitel and Judges Jasen, Gabrielli, Jones, Wachtler, Rabin and Stevens.