Case Detail
CitationPeople v. Bravo, 894 N.Y.S.2d 465 (N.Y. App. Div. 2010)
CrimeAssault
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2007
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's alleged improper vouching for her witnesses did not warrant reversal of the conviction and the prosecutor's improper reference to redacted portions of certain documents was harmless: "Contrary to the defendant's contention that reversal is warranted since the prosecutor improperly vouched for her witnesses, the trial court 'dissipated the prejudice by promptly and clearly advising the jury that the comments were improper and must be completely disregarded' [citation omitted]. Likewise, contrary to the defendant's contention that reversal is warranted since the prosecutor improperly referred to redacted portions of certain documents otherwise admitted into evidence—which the People correctly concede was improper—the references did not 'violate[ ] the defendant's fundamental right to a fair trial' [citations omitted]. In any event, any error in this regard was harmless, as the evidence of the defendant's guilt was overwhelming, and there was no 'significant probability that the defendant would have been acquitted if the [references] had not been made' (id.). To the extent that the prosecutor exceeded the bounds of permissible rhetorical comment or made other improper remarks during summation, any error was harmless."
Determination Year2010
Misconduct TypeTR: Inadmissible
TR: Vouching
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020100122462