Majority
p. 740The People of the State of New York, Respondent, v. Jesse Ketchum, Appellant. Argued September 11, 1974; decided October 23, 1974.
p. 741
Ralph L. Halpern, Frank G. Raichle and R. William Stephens for appellant.
Edward C. Cosgrove, District Attorney (Judith Blake Manilla of counsel), for respondent.
Memobakdum. The order appealed from should be affirmed.
The record discloses examples of grievous misconduct by the prosecution in cross-examination and summation which we strongly condemn. However, since the overwhelming proof is all but conclusive of defendant’s guilt, and the misconduct does not reflect a pattern throughout the trial, but rather reactions at certain times of stress, reversal is not warranted.
Chief Judge Bbeitel and Judges Gabbielli, Jokes, Wachtlek, Rabik and Steveks concur; Judge Jasek taking no part.
Order affirmed in a memorandum.