Case Detail
CitationPeople v. Calabria, 727 N.E.2d 1245 (N.Y. 2000)
CrimeViolent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial Year1996
BodySupreme court
OpinionThe NY Court of Appeals granted the defendant a new trial due to prosecutor misconduct: "We conclude that the prosecutor's conduct throughout the trial cumulatively denied defendant the right to a fair trial. The prosecution completely disregarded the court's pretrial ruling—that defendant was not required to provide the People with a photograph of the lineup—by asking defendant for a copy of the photograph in the presence of the jury. Indeed, defense counsel stated that he felt compelled to introduce the photographs into evidence. Moreover, despite the court's strong rebuke and threat of sanction, the prosecutor continued, over sustained objection, to imply during summation that defendant intentionally withheld the photos of the lineup from the jury and that the People had to 'try[ ] to get that photo.' Equally impermissible with respect to defendant's right to testify was the prosecution's comment during summation that defendant essentially had no choice but to testify in his defense. Finally, although defendant concedes that he 'opened the door' to questions regarding his past crimes, . . .the prosecutor exceeded the bounds of fair advocacy when he noted that the alleged drug dealing of defendant's parents 'made the cover of the Post' and displayed a copy of that newspaper. By doing so, the prosecutor impermissibly prejudiced defendant in the eyes of the jury by deliberately incorporating into the trial matters not admitted into evidence."
Determination Year2000
Misconduct TypeTR: Impugning
TR: Inadmissible
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
Sanction TypeUKN
Web link