Case Detail
CitationPeople v. Woodrow, 936 N.Y.S.2d 778 (N.Y. App. Div. 2012)
CrimeViolent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2009
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that (1) the prosecutor's speculating during her summation about conversation she imagined defendant might have had amounted to prosecutorial misconduct; (2) the prosecutor engaged in misconduct on redirect examination; and (3) the trial court's error with respect to prosecutorial misconduct was harmless: "[M]ost of the prosecutor's alleged misstatements were either properly dealt with by County Court's instructions to the jury or valid arguments as to the inferences the prosecutor believed the jury could draw from the evidence presented [citations omitted]. We do agree, however, that the prosecutor improperly speculated during her summation about a conversation she imagined that the defendant might have had [citation omitted], and she inappropriately questioned a witness on redirect examination concerning defendant's viewing of the documentaries 'Bowling For Columbine' and 'Farenheit 9/11,' as well as defendant's opinion of former President Bush [citations omitted]. These questions, objected to by defense counsel, were, in our view, an irrelevant and improper effort by the prosecutor to rebut the witness's description of defendant as a non-violent, religious person, and the court erred in permitting this line of questioning. Nevertheless, as the proof of defendant's guilt was overwhelming and these errors were isolated, they were harmless [citations omitted]."
Determination Year2007
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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