Case Detail
CitationPeople v. Hughes, 975 N.Y.S.2d 507 (N.Y. App. Div. 2013)
CrimeNon-violent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2012
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that: (1) the prosecutor's remark vouching for witness's credibility did not deprive the defendant of a fair trial; and (2) the People did not improperly shift the burden of proof to the defendant. "While the prosecutor made one improper remark vouching for the credibility of the Linstar representative [citations omitted], her remarks and stylistic use of personal pronouns such as 'we' were otherwise fair comment on the evidence and were reasonable responses to the defense summation [citation omitted]. Further, the People did not improperly shift the burden of proof to defendant [citations omitted]. When the prosecutor rhetorically asked jurors if there was any evidence that defendant had inquired into the authenticity of the image of the police ID card he submitted to Galls, County Court sua sponte advised the jury that the People bore the burden of proof and '[t]he defendant has no burden.' This principle was also reiterated in the court's final charge. When the prosecutor pointed out in summation that defendant “never tried to go through his chain of command” to get a retirement badge, defendant's objection was overruled; the prosecutor then clarified that there was 'no evidence' of that, all fair comment on the testimony elicited from the People's witnesses. This remark did not suggest that defendant had any burden of proof."
Determination Year2013
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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