Case Detail
CitationPeople v. Fredrick, 861 N.Y.S.2d 895 (N.Y. App. Div. 2008)
CrimeMurder
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalYes
Trial YearUKN
BodyAppeals court
OpinionThe NY Supreme Court, Appellate Division, in its discretion, reviewed a due process appeal despite the incidents of misconduct not being preserved for review, reversing the conviction due to prosecutor misconduct: "the prosecutor improperly vouched for the credibility of the People's witnesses during both his opening and closing statements (citations omitted). He also improperly elicited testimony from a police officer who vouched for the credibility of the confidential informant by testifying that the confidential informant had provided reliable information to the police in the past (citations omitted). In addition, the prosecutor repeatedly elicited irrelevant and highly prejudicial testimony from several police officers concerning the percentages of convictions obtained by those officers in prior unrelated cases, referred to by the prosecutor as their 'batting average[s].' That misconduct was compounded during summation when the prosecutor highlighted the 'exemplary record' of the police officers and the confidential informant who testified for the prosecution by stating that they were 'batting 100 percent[,] 85 percent, 90 percent'. Further, the prosecutor improperly elicited testimony establishing that defendant had been incarcerated since his arrest (citations omitted), as well as testimony on direct examination of the confidential informant that defendant had not made certain exculpatory statements to him while they were in jail following defendant's arrest (citations omitted)."
Determination Year2008
Misconduct TypeTR: Inadmissible
TR: Inflammatory
TR: Vouching
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/2008114153AD3d1088_1687.xml/PEOPLE%20v.%20FREDRICK