People State New York v. Richard Figueroa

The findings of fact below have not been considered. In his summation the prosecutor stated: "I can vouch for the truthfulness
and integrity of four New York City policemen and one civilian chemist. * * * Now, I not only can, I do vouch for their truthfulness."
He thus made himself an unsworn witness supporting his case by his own veracity and position. Further in his summation the
Assistant District Attorney remarked about the failure of defendant to call certain members of his family as witnesses, thus
inferring that had they been called their testimony might have been damaging to defendant. Aside from the fact that that there
is no evidence to show these persons had any knowledge of what transpired, there is no duty upon a defendant to call witnesses.
Both of these remarks were highly improper and denied a fair trial to defendant (People v. Lovello, 1 N.Y.2d 436; People v.
Kearns, 214 App. Div. 804; People v. Ferguson, 245 App. Div. 837). We reach no other question. Disposition Judgment reversed, on the law, and new trial ordered.