A few years ago, my client was beaten up by a bunch of parole officers who went to taken him in on a parole warrant. One officer fractured his wrist in the process of breaking my client's jaw. They charged him with felony assault for the PO's injuries. 1/

The prosecution's offer was always a violent felony and state prison. At trial, we beat the felony charges, most of the lesser charges, and lost on a misdemeanor. One of the major issues was the prosecution's summation. 2/

Yesterday, the case was argued on appeal. One of the points that united the appellate panel was the "appalling" (their word!) summation. They specifically told the appellate ADA to go back to the office and tell the Queens DA to stop the persistent misconduct in summations. 3/

They stressed repeatedly how frustrated they were with the Queens DA and seeing these appeals over & over, where prosecution claimed evidence was overwhelming but made abhorrent closing arguments. If evidence was so overwhelming, they asked, why resort to such blatant tactics? 4/

This is the reality in which public defenders practice every day. Needless to say, I am eagerly awaiting the appellate decision. 5/

It's always a good sign when the entire appellate panel asks the prosecutor why, if they reverse, they should bother sending it back for a new trial instead of dismissing the case outright. 6/

One other thought: when I say "lost on the misdemeanor," I don't think either side thought of that result as a loss for the defense in the context of this trial. A conviction is not, as prosecutors sometimes say, always a conviction.