Appellate Division of the Supreme Court of the State of New York June 4, 1979 (People v. Webb)

OPINION OF THE COURT

Titone, J. P.

In my opinion the cumulative effect of untoward actions on the part of the prosecutor during the trial deprived defendant of his constitutional and fundamental right to a fair trial. Accordingly, the judgment of conviction should be reversed and the action remanded for a new trial.

Under Indictment No.