A judge in Brooklyn has overturned a gang-related murder conviction in a case where the court described the prosecutor’s conduct as “grossly negligent” at best, characterized the defense case as “feeble,” and suggested if this was not an instance of prosecutorial misrepresentation, it was certainly one of ineffective assistance of counsel.
Supreme Court Justice Joel M. Goldberg (See Profile) expressed dismay and confusion as to how two “experienced and well-regarded” attorneys—then Brooklyn Assistant District Attorney Lawrence J. Fredella and defense counsel Alan I. Stutman of Brooklyn—both could have completely dropped the ball as to permit the conviction of a man for murder on undeniably wrong evidence.
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