In People v. Alexander (94 NY2d 382 [1999]) a conviction was reversed because a prosecutor, in summation, argued that an identification was reliable because it was not cross-racial. The Court reversed the conviction, not because it agreed or disagreed with the prosecutor's argument, but more importantly because "the issue of race-based identification formed no part of the record in this case. By raising it for the first time during closing argument, the prosecutor had the sole, final, inapt word on the subject." (Id. at 385.)