People v. Ferrara
Opinion of the Court
Appeal by defendant from a judgment of the Supreme Court, Kings County, rendered June 1, 1978, convicting him of criminal sale of a controlled substance in the second degree, upon a jury verdict, and imposing sentence. Judgment reversed, on the law and as a matter of discretion in the interest of justice, and new trial ordered. On this appeal defendant claims that he was deprived of a fair trial by the prosecutor’s summation which (1) inflamed the jury by claiming the police failed to use electronic and photographic surveillance because to do so would risk death; (2) branded defendant as a liar who gave contrived testimony; (3) told the jury an acquittal was tantamount to a finding that the police were guilty of perjury; and (4) relied on the Grand Jury’s filing of an indictment to buttress the credibility of the People’s witnesses. Defendant was tried with one John Schaaff and both were convicted. The first three instances of prosecutorial misconduct alleged by defendant herein were raised in a prior appeal from the codefendant’s judgment of conviction and on the basis of these very same remarks this court reversed the codefendant’s conviction and ordered a new trial (see People v Schaaff, 71 AD2d 630). Finally with respect to the fourth instance of prosecutorial misconduct during summation, alleged by the defendant, the record indicates that, over objection by defense counsel, the prosecutor was allowed to address the jury as follows: "[prosecutor]: And you heard Detective Spittler state that he called up the District Attorney’s office, and he spoke to Frank Knock, in the District Attorney’s office, and an arrangement was made for him to go to the Grand Jury in Kings County and present the case. And you heard that he did go to the District Attorney’s office in Kings County. He did appear at the Grand
Case-law data current through December 31, 2025. Source: CourtListener bulk data.