Case Detail
CitationPeople v. Wlasiuk, 821 N.Y.S.2d 285 (N.Y. App. Div. 2006)
CrimeMurder
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2005
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor engaged in misconduct by repeatedly expressing personal opinion concerning merits of particular evidence, disparaging defendant, characterizing defendant's testimony and that of his witnesses as “lies,” and maligning defense counsel and his arguments. "[T]he prosecutor repeatedly expressed a personal opinion concerning the merits of particular evidence [citation omitted], disparaged defendant, characterized his testimony and that of his witnesses as 'lies' [citations omitted] and maligned defense counsel and his arguments [citation omitted]. In our view, these transgressions caused substantial prejudice to defendant and, in conjunction with the errors previously discussed, effectively deprived defendant of a fair trial . . ."
Determination Year2006
Misconduct TypeTR: Impugning
TR: Inadmissible
TR: Inflammatory
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020111229460.xml/PEOPLE%20v.%20WLASIUK