Case Detail
CitationPeople v. Smith, 596 N.Y.S.2d 539 (N.Y. App. Div. 1993)
CrimeSex crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial Year1992
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's comments during closing argument did not require reversal in interest of justice: "The prosecutor . . . should not have characterized defendant's testimony as sounding like a 'dime store novel' [citations omitted]. Nor should it have been suggested that defendant fabricated his version of what transpired after having had the advantage of hearing the People's proof [citations omitted]. We find that neither of these errors requires reversal in the interest of justice because they are isolated instances in the summation which in all other respects appropriately addressed the issue of defendant's credibility in the context of fair comment on the evidence, particularly the inconsistency of defendant's testimony with the nature and extent of the complainant's physical injuries [citations omitted]. Thus, neither individually nor cumulatively did these improprieties deprive defendant of a fair trial . . ."
Determination Year1993
Misconduct TypeTR: Impugning
TR: Inflammatory
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
Web linkN/A