Case Detail
CitationPeople v. Miller, 960 N.Y.S.2d 584 (N.Y. App. Div. 2013)
CrimeNon-violent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial YearUKN
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the defendant was not deprived of a fair trial by prosecutor's comments on summation: "On appeal from a judgment convicting him upon a jury verdict of felony driving while intoxicated [citation omitted], defendant contends that he was deprived of a fair trial by the prosecutor's comments on summation, including a statement that defense counsel was trying to “divert [the jury's] attention away from the truth.” Although the prosecutor's statement was improper [citations omitted], that isolated comment did not deprive defendant of a fair trial [citations omitted]. Furthermore, a prosecutor's closing statement must be evaluated in light of defense counsel's summation [citations omitted], and we conclude that the remainder of the prosecutor's comments at issue were 'a fair response to defense counsel's summation and did not exceed the bounds of legitimate advocacy' [citations omitted]."
Determination Year2013
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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