Case Detail
CitationPeople v. Tarantola, 577 N.Y.S.2d 686 (N.Y. App. Div. 1991)
CrimeSex crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year1989
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the cumulative effect of comments made by the prosecutor on summation deprived the defendant of a fair trial. "On seven other occasions the prosecutor reminded the members of the jury that they were dealing with a liar, burglar, thief and criminal. The prosecutor thereby inferred defendant's propensity to commit the crime in question based upon his prior criminal acts, and obscured from the jury the fact that his criminal history related solely to his credibility [citation omitted]. The prosecutor then compounded his inappropriate references to defendant's past criminal conduct by suggesting that he had engaged in other such conduct which he had concealed from the jury. . . . On two occasions the prosecutor impermissibly characterized defendant's testimony as 'garbage' [citation omitted]. Additionally, the prosecutor improperly made an emotional appeal to the jury regarding the credibility of one of his witnesses and, in so doing, put his own credibility in issue . . ."
Determination Year1991
Misconduct TypeTR: Impugning
TR: Inadmissible
TR: Inflammatory
TR: Vouching
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/1991946178AD2d768_1303