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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JESSE KETCHUM, Appellant.

MEMORANDUM. The order appealed from should be affirmed.

The record discloses examples of grievous misconduct by the prosecution in cross-examination and summation which we strongly condemn. However, since the overwhelming proof is all but conclusive of defendant's guilt, and the misconduct does not reflect a pattern throughout the trial, but rather reactions at certain times of stress, reversal is not warranted.

Chief Judge BREITEL and Judges GABRIELLI, JONES, WACHTLER, RABIN and STEVENS concur; Judge JASEN taking no part.

Order affirmed in a memorandum.

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PEOPLE v. KETCHUM
(Oct 23, 1974)