
    The People of the State of New York, Respondent, v. Stephen De Pasquale, Appellant.
    Supreme Court, Appellate Term, Second Department,
    May 31, 1967.
    
      Jerome Lewis for appellant. William Cahn, District Attorney (Jules E. Orenstein of counsel), for respondent.
   Per Curiam.

Although the judgment of conviction is affirmed, the attention of the Bar is nevertheless called to the following: In this case the prosecutor, in summation, in answer to the statements in defense summation that the main prosecution witness was a liar, stated that his “ Christian background precludes (him) from accusing another human being of being a liar ”, and on a few occasions he begged the Lord’s forgiveness for having to use the word Cod in repeating testimony in which it was used. Reference to race, nationality or religion may be prejudicial even though not intended that way, and should be eschewed unless in connection with a matter in issue and unavoidable.

The judgment of conviction should be affirmed.

Concur — Dr Giovanna, Ritchie and Shapiro, JJ.

Judgment affirmed.  