Case Detail
CitationPeople v. McCombs, 795 N.Y.S.2d 108 (N.Y. App. Div. 2005)
CrimeDrug crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2005
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's expression of his personal opinion regarding the defendant's truthfulness, during summation, did not deprive defendant of fair trial: "Defendant contends that he suffered . . . prejudice when the prosecutor twice during summation expressed his personal opinion regarding defendant's truthfulness. Defendant failed to object at trial and, accordingly, this claim is unpreserved for our review [citations omitted]. In any event, the references were fleeting and, in our view, did not reflect a 'flagrant and pervasive pattern of prosecutorial misconduct."
Determination Year2005
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/200590618AD3d888_2246