Case Detail
CitationPeople v. Fiori, 693 N.Y.S.2d 357 (N.Y. App. Div. 1999)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial YearUKN
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division held that the prosecutor's denigration of defense and vouching for state's witnesses during summation was improper, and granted a new trial. "Defendant contends and the People candidly concede that a new trial is warranted because the police violated defendant's right to counsel by contacting defendant during trial and because the prosecutor used information obtained from that contact in cross-examining defendant and on summation [citation omitted]. The People likewise concede that a new trial is warranted based on prosecutorial misconduct, i.e., the prosecutor's suggestion during the cross-examination of defendant and on summation that defendant fabricated his testimony by tailoring it to the People's proof [citation omitted]. We additionally note that the prosecutor acted improperly on summation in denigrating the defense, vouching for the credibility of the People's witnesses and calling defendant a liar [citations omitted]."
Determination Year1999
Misconduct TypeTR: Impugning
TR: Inadmissible
TR: Vouching
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkN/A