Case Detail
CitationPeople v. Wynters, 747 N.Y.S.2d 619 (N.Y. App. Div. 2002)
CrimeSex crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial YearUKN
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's misconduct, in eliciting testimony from police officer concerning defendant's refusal to take polygraph test and defendant's request for counsel when asked to do so, did not deprive defendant of his right to fair trial: "defense counsel's subsequent cross-examination of that witness 'blunted any prejudice to defendant' (citations omitted). Specifically, defense counsel elicited testimony from the police officer that the duties of his job included eliciting incriminating information from suspects, that defendant had denied involvement in the crime, and that defendant had been cooperative with the police until he was asked to take a polygraph test. At that time, defendant asked for an attorney, and the police officer acknowledged that it was defendant's right to do so. We therefore conclude under the circumstances of this case that defendant was not deprived of his right to a fair trial by prosecutorial misconduct."
Determination Year2002
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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