The following excerpt is from People v. Safian, 385 N.E.2d 1046, 413 N.Y.S.2d 118, 46 N.Y.2d 181 (N.Y. 1978):
There was, it must be conceded, an unfortunate reference in the prosecutor's summation, in effect characterizing defendants as partners and indicating that "(s)tatements made by or acts done by one partner are binding upon the other." Objection was taken and overruled by the court. The prosecutor's statement of law was, of course, erroneous, and had such statements pervaded the summation reversal might be required (see People v. Baker, 23 N.Y.2d 307, 318, 296 N.Y.S.2d 745, 750, 244 N.E.2d 232, 236). But the error was isolated, and the Trial Justice's careful instructions in his full charge vitiated any prejudice to defendant. Moreover, in light of the insurmountable case made against Safian, this one slip by the prosecutor would amount, at best, to harmless error.
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