PEOPLE v. LIVERPOOL (2006)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Sullivan, J.), rendered April 3, 2003, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

During summation the prosecutor improperly vouched for the prosecution's main witness (see People v. Collins, 12 A.D.3d 33, 784 N.Y.S.2d 489), argued that the defendant had a general propensity to commit crime (see People v. Sanders, 303 A.D.2d 694, 756 N.Y.S.2d 780), suggested that the grand jury indictment constituted evidence of the defendant's guilt (see People v. Jamal, 307 A.D.2d 267, 761 N.Y.S.2d 874;  People v. LaDolce, 196 A.D.2d 49, 607 N.Y.S.2d 523), and made additional unduly prejudicial and inflammatory remarks (see People v. Robinson, 260 A.D.2d 508, 689 N.Y.S.2d 163).   The cumulative effect of these errors was to deprive the defendant of a fair trial in this single-eyewitness case.   Accordingly, a new trial is required.

In light of our determination, we need not consider the defendant's remaining contentions.