Case Detail
CitationPeople v. Burchard, 799 N.Y.S.2d 607 (N.Y. App. Div. 2005)
CrimeMurder
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2003
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division held that the prosecutor's improper eliciting of polygraph testimony from prosecution witnesses did not deprive the defendant of a fair trial: "[O]ur examination of the record does not reveal prosecutorial misconduct which impaired defendant's constitutional right to a fair trial. Granting transactional immunity or plea bargains in exchange for testimony is not an abuse of prosecutorial power and is often necessary to achieve justice [citations omitted]. Although the prosecutor improperly elicited polygraph testimony from prosecution witnesses, County Court sustained objections to such evidence and immediately gave appropriate curative instructions to the jury. Defendant has not established that prosecutorial misconduct resulted in substantial prejudice which deprived him of due process of law [citation omitted], and reversal is therefore not warranted."
Determination Year2005
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/200583820AD3d818_2450