Case Detail
CitationPeople v. Brown, 812 N.Y.S.2d 561 (N.Y. App. Div. 2006)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2002
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor engaged in misconduct in form of improper denigration of defense, the prosecutor inappropriately appealed to jurors' sympathy during summation, and the cumulative effect of the prosecutor's improper summation comments deprived defendant of right to fair trial. "While the defendant's contentions regarding comments made by the prosecutor during summation were not properly preserved for appellate review, we nevertheless review them as a matter of discretion in the interest of justice [citation omitted]. During summation, the prosecutor improperly denigrated the defense by repeatedly referring to the defendant's testimony as a 'story' and a 'load of garbage,' suggesting that the defendant lied on the witness stand, and stating that the defendant 'had all the time in the world to tailor his testimony' to conform to the People's proof . . . .In addition, the prosecutor repeatedly vouched for the credibility of the People's witnesses, stating that they were 'credible and accurate,' and telling the jury that one witness “told you the truth,” while the other “told you exactly how it happened” [citations omitted]. The prosecutor inappropriately appealed to jurors' sympathy when she told them, 'God forbid you had a gun pointed at your side' . . . .We agree with the defendant that the cumulative effect of the prosecutor's improper summation comments deprived the defendant of his right to a fair trial [citations omitted]. Since the evidence in this case was less than overwhelming, we cannot deem this error harmless, and a new trial is required . . ."
Determination Year2006
Misconduct TypeTR: Impugning
TR: Inflammatory
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/200641826AD3d392_1136