Case Detail
Citation
CrimeDrug crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial YearUKN
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division held that the prosecutor's vouching during his summation for police officer's testimony was reversible error: "[T]he prosecutor's conduct at trial amounted to an egregious violation of the unsworn witness rule. The form and substance of the prosecutor's summation whereby he injected himself, his pretrial conduct and his credibility into the proceedings were highly prejudicial to the defendant, and constituted prosecutorial misconduct that the trial judge impermissibly allowed over objection. We do not agree with the dissent's viewpoint, characterizing the People's summation as a 'vigorous' response to defense counsel's closing argument. This is not a case about the limits that should be set on prosecutorial response to a defendant's aggressive, or even, egregious summation. This is a case where the People created the situation by eliciting conflicting testimony from their own witnesses, and then attempted to correct the situation at sidebar by vouching to the court for the witness whose testimony was more likely to secure them a conviction."
Determination Year2008
Misconduct TypeT
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/20085352AD3d1_153.xml/PEOPLE%20v.%20MOYE