Appellate Division of the Supreme Court of the State of New York November 9, 1982 (People v. Vance)

OPINION OF THE COURT

SCHNEPP, J.

In this case, where a close issue of fact existed as to the defendant’s guilt, conduct at trial which allowed the prosecutor to become an “unsworn witness” created a substantial likelihood of prejudice to the defendant (see People v Paperno, 54 NY2d 294).