Case Detail
CitationPeople v. Payne, 593 N.Y.S.2d 675 (N.Y. App. Div. 1993)
CrimeDrug crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year1993
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that reversal of the defendant's convictions was mandated because of substantial prejudice to the defendant arising out of the prosecutor's misconduct and failure of the trial court to take appropriate steps to dilute effect of that conduct: "Viewed in totality, we conclude that the prosecutor's summation was inflammatory and prejudicial. In his overzealous desire to get a conviction on the second trial of defendant, the prosecutor relentlessly appealed to the jurors' fears of a lawless drug culture and defendant's alleged major role in it. . . The zeal to convict a malefactor is commendable, but our system of criminal justice imposes limits beyond which one may not go, whether deliberately or carelessly. They may not be trespassed with impunity. Summation is not 'an unbridled debate in which the restraints imposed at trial are cast aside so that counsel may employ all the rhetorical devices at his command.”
Determination Year1990
Misconduct TypeTR: Inadmissible
TR: Inflammatory
TR: Mischaracterizing
TR: Misstating
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkN/A