Case Detail
CitationGorghan v. DeAngelis, 857 N.E.2d 523 (N.Y. 2006)
CrimeSex crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2001
BodySupreme court
OpinionThe New York high court declined to bar a retrial of defendant's rape charges in spite of rampant prosecutor misconduct resulting in a reversed conviction in the lower court: "At the pretrial. . .hearing, County Court ruled inadmissible much of the evidence of petitioner's prior uncharged criminal and immoral acts. As found by the Appellate Division, however, the prosecutor continuously flouted these and other rulings by attempting to place excluded evidence before the jury, repeatedly referencing matters not in evidence, making unsupportable assertions and calling upon the jury to draw improper inferences. . . .It found that, although the misconduct was substantial, the record revealed a prosecutor 'bent on securing a conviction, not one seeking to provoke defendant into moving for a mistrial' and that petitioner had failed to demonstrate that the judicial process itself had been impaired."
Determination Year2006
Misconduct TypeTR: Inadmissible
TR: Mischaracterizing
TR: Misstating
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://caselaw.findlaw.com/ny-court-of-appeals/1105375.html