Case Detail
CitationPeople v. Nevedo, 608 N.Y.S.2d 422 (N.Y. App. Div. 1994)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year1991
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the cumulative effect of the prosecutor's comments during summation deprived the defendant of fair trial. "The purpose of summation is not to test a prosecutor's skills for purple rhetoric, nor a prosecutor's talents for hyperbole or metaphor. 'It is fundamental that the jury must decide the issues on the evidence, and therefore fundamental that counsel, in summing up, must stay within ‘the four corners of the evidence’ [citation omitted] and avoid irrelevant comments which have no bearing on any legitimate issue in the case . . ..' It is not proper for the prosecutor to use 'inflammatory language which appeals to the sympathies and fears of the jury' . . . or to repeatedly characterize the defendant as a liar [citations omitted]. Moreover, we hold the prosecutor's characterization of the defendant's facial features as indicating the nature of his character to be error."
Determination Year1994
Misconduct TypeTR: Impugning
TR: Inflammatory
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/1994385202AD2d183_2329