Case Detail
CitationPeople v. Eldridge, 732 N.Y.S.2d 607 (N.Y. App. Div. 2001)
CrimeViolent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial YearUKN
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, refused to reverse defendant's conviction in the face of prosecutor misconduct: "Contrary to the further contention of defendant, he was not denied a fair trial by prosecutorial misconduct during summation. With respect to the single instance of alleged misconduct that is preserved for our review, the curative instruction given by County Court alleviated any possible prejudice to defendant [citations omitted]. With respect to the unpreserved incidents of misconduct, we agree with defendant that the prosecutor made an inappropriate “safe streets” comment [citations omitted] and improperly vouched for the credibility of the victim. We conclude, however, that the prosecutor's misconduct was not so egregious as to deprive defendant of a fair trial [citations omitted]. The sentence is neither unduly harsh nor severe."
Determination Year2001
Misconduct TypeTR: Inflammatory
TR: Vouching
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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