Case Detail
CitationPeople v. Lopez, 946 N.Y.S.2d 780 (N.Y. App. Div. 2012)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial YearUKN
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's improper references during summation did not deprive defendant of fair trial: "Defendant failed to preserve for our review his contention that he was deprived of a fair trial based on prosecutorial misconduct during summation [citations omitted] and, in any event, that contention is without merit. To the extent that the prosecutor referred to the defense's failure to 'contradict' the proof offered by the People and to the theories of the defense as a 'distraction' and 'nonsense,' we conclude that such conduct, although improper, was not so egregious as to deprive defendant of a fair trial. . ."
Determination Year2012
Misconduct TypeTR: Impugning
TR: Inadmissible
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020120615359.xml/PEOPLE%20v.%20LOPEZ