Case Detail
CitationPeople v. Halm, 81 N.Y.2d 819 (N.Y. 1993)
CrimeSex crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year1990
BodySupreme court
OpinionThe New York Court of Appeals held that the prosecutor's reference to the defendant's failure to testify, which was followed by a curative instruction, did not prejudice jury: "The prosecutor's reference to defendant's failure to testify was followed by a curative instruction, and his portrayal of the complainants in the closing statement, when viewed in the context of the entire trial, fell within the latitude afforded to attorneys in advocating their cause [citations omitted]. Moreover, the prosecutor's closing statement must be evaluated in light of the defense summation, which put into issue the complainants' character and credibility and justified the People's response."
Determination Year1993
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/199390081NY2d819_3776