Case Detail
CitationPeople v. Jackson, 532 N.Y.S.2d 303 (N.Y. App. Div. 1988)
CrimeViolent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial Year1986
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's misconduct required reversal in interest of justice: "The prosecutor attempted to denigrate the defendant's testimony by stating that the defendant's version of the facts was a fabrication concocted after hearing the People's witnesses; by stating on some 10 separate occasions that defense counsel's summation was intended to cloud the issues; by contending that the 'whole cloud which was painted is a joke' which he (the prosecutor) was going to try to clean; and by claiming that defense counsel had tried to draw attention away from the real issues by his 'talking softly', 'friendly attitude', and 'nice mannerism', just 'like in the movies'. We conclude that under the circumstances, the defendant was unduly prejudiced by the prosecutor's action. It was improper for the prosecutor to attack a defendant's testimony on the grounds that he had fabricated his case after hearing the People's witnesses . . .; it was improper for the prosecutor to label the defense argument as a 'cloud' and cast himself as the guardian of truth ('Before you note it, it's so cloudy I'm going to try to clean it'), [citation omitted]; and it was improper for the prosecutor to denigrate his adversary's personal attributes . . ."
Determination Year1988
Misconduct TypeTR: Impugning
TR: Vouching
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
Sanction TypeUKN
Web link