Case Detail
CitationPeople v. Trinidad, 802 N.Y.S.2d 250 (N.Y. App. Div. 2005)
CrimeAssault
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2002
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the defendant was not deprived of a fair trial by prosecutorial misconduct during summation: "The defendant contends that the cumulative effect of misconduct by the prosecutor during direct examination of some of the People's witnesses and during summation deprived him of a fair trial and constituted reversible error. We disagree. Initially we note that several of the alleged instances of prosecutorial misconduct are unpreserved for appellate review (citation omitted). In any event, the defendant's contention is without merit. Although the prosecutor, on more than one occasion during his summation, overstepped the bounds of proper advocacy, we conclude that, in light of the overwhelming evidence of guilt, there was no significant probability the jury would have acquitted the defendant had the errors not occurred and thus, he was not deprived thereby of a fair trial."
Determination Year2005
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/200563422AD3d612_1228.xml/PEOPLE%20v.%20TRINIDAD