A closing argument that alleged the defense’s witnesses were liars and their testimony was “disgusting” and “reprehensible” did not deprive the defendants of a fair trial, a split panel of the Appellate Division, First Department, ruled Tuesday.
Writing for the majority, Justice Sallie Manzanet-Daniels said that while some of Ben Rubinowitz’ closing remarks were “highly inflammatory,” they “did not create a climate of hostility that so obscured the issues as to have made the trial unfair.”
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