Case Detail
CitationPeople v. Morrice, 877 N.Y.S.2d 547 (N.Y. 2009)
CrimeDrug crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial YearUKN
BodyUKN
OpinionThe New York Supreme Court, Appellate Division, held that the defendant was deprived of a fair trial due to prosecutorial misconduct despite the defendant's failure to object to the incidences at trial. Incidences of misconduct included failing to correct a witness whom he knew testified falsely and eliciting police testimony about defendant's silence "not once, but twice, and also commented on defendant's invocation of the right to counsel during summation. The prosecutor also improperly elicited testimony of prior criminal acts of a defense witness. "Although '[r]eversal is an ill-suited remedy for prosecutorial misconduct' (citation omitted), it is nevertheless mandated when the conduct of the prosecutor 'has caused such substantial prejudice to the defendant that he [or she] has been denied due process of law. In measuring whether substantial prejudice has occurred, one must look at the severity and frequency of the conduct, whether the court took appropriate action to dilute the effect of that conduct, and whether review of the evidence indicates that without the conduct the same result would undoubtedly have been reached' (citation omitted). Upon our review of the prosecutor's misconduct in this case, we agree with defendant that reversal is required."
Determination Year2009
Misconduct TypeTR: Inadmissible
TR: Mischaracterizing
C/S EffectPartial reversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020090424472.xml/PEOPLE%20v.%20MORRICE