Case Detail
CitationPeople v. Allen, 787 N.Y.S.2d 417 (N.Y. App. Div. 2004)
CrimeSex crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2002
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, granted the defendant a new trial of a rape charge: "[T]he prosecutor's statements on summation—that defendant had not demonstrated any credible motive for the victim to falsify these allegations—did improperly attempt to shift the burden of proof and constituted compounding reversible error [citations omitted]. Despite defense counsel's failure to object, we also find—in the interest of justice—that it was error for the prosecutor to question defendant regarding whether he had been asked by police to take a lie detector test and about his failure to testify to that on direct examination, a point argued in the prosecutor's summation to discredit defendant [citations omitted]. In view of the foregoing, we find that the cumulative errors deprived defendant of a fair trial . . ."
Determination Year2004
Misconduct TypeTR: Impugning
TR: Inadmissible
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
Sanction TypeUKN
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