People v. Hickman

• Decision Date: 25 May 1970
• Citation: 34 A.D.2d 831,312 N.Y.S.2d 644
• Parties: The PEOPLE etc., Respondent, v. James Troy HICKMAN, Appellant.
• Court: New York Supreme Court — Appellate Division

Page 644

312 N.Y.S.2d 644

34 A.D.2d 831

The PEOPLE etc., Respondent, v.James Troy HICKMAN, Appellant.

Supreme Court, Appellate Division, Second Department.

May 25, 1970.

Thomas J. Mackell, Dist. Atty. of Queens County, for respondent; Constance M. Mandina, Asst. Dist. Atty., of counsel.

Milton Adler, New York City, for defendant-appellant; Harry C. Batchelder, Jr., New York City, of counsel.

Before CHRIST, P.J., and MUNDER, MARTUSCELLO, LATHAM and KLEINFELD, JJ.

MEMORANDUM BY THE COURT.

Appeal by defendant from a judgment of the Supreme Court, Queens County, rendered May 23, 1968, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

Judgment reversed, on the law, and new trial ordered.The findings of fact below are affirmed.

We believe the prosecutor's summation to the jury went far beyond the bounds of fair play and violated defendant's right to a fair trial (People v. Lombardi, 20 N.Y.2d 266, 282 N.Y.S.2d 519, 229 N.E.2d 206).His references to defendant as a 'junkie', 'rat' and a 'sculptor' with a knife, among others, as well as his suppositions as to defendant's state of mind on the night in question and defendant's actions had he remained in the tavern a while longer, were...