Case Detail
CitationPeople v. Slaughter, 596 N.Y.S.2d 22 (N.Y. App. Div. 1993)
CrimeMurder
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year1990
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's improper comments were not harmless in case based solely on testimony of a witness whose credibility was challenged: "It was error, for example, for the prosecutor to have elicited, over objection, testimony from the arresting officer that Joyce Simmons had provided reliable information to the police in the past [citations omitted]. This constituted improper vouching for Simmons' credibility, which was compounded when the prosecutor again made remarks to this effect in summation. Similarly improper were the prosecutor's argument to the jury that Simmons was more credible because she had been diagnosed with AIDS and, as conceded, for the prosecutor to have impugned the credibility of defendant's alibi witness because he is in the continuous care of a psychologist. Finally, since the alibi witness was not a character witness, it was improper for the prosecutor to have questioned him with respect to defendant's drug use [citation omitted]. Likewise, the prosecutor should not have elicited testimony from a police witness that defendant was known in the 52nd Precinct [citation omitted]."
Determination Year1993
Misconduct TypeTR: Inadmissible
TR: Vouching
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/1993346189AD2d157_1317.xml/PEOPLE%20v.%20SLAUGHTER