SUPREME COURT OF NEW YORK, APPELLATE DIVISION, SECOND DEPARTMENT
January 27, 1969
THE PEOPLE OF THE STATE OF NEW YORK, RESPONDENT,
MARION JOSEPH SCOTT, APPELLANT
Judgment of the Supreme Court, Queens County, rendered July 12, 1967, reversed, on the law, and new trial ordered.
Christ, Acting P. J., Rabin, Hopkins, Munder and Martuscello, JJ., concur.
In our opinion, the improper remarks by the prosecutor require a new trial in the interests of justice (cf. People v. Mirenda, 23 N.Y.2d 439).
The findings of fact below are affirmed.
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