Case Detail
CitationPeople v. Walton, 895 N.Y.S.2d 175 (N.Y. App. Div. 2010)
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2010
BodyAppeals court
OpinionThe Supreme Court, Appellate Division, held that any prejudice from improper testimony elicited by the prosecutor was dispelled by curative instructions: "Although the prosecutor improperly elicited testimony from a forensic toxicologist about the effects of marijuana use on an individual after that witness testified that he could not determine, from the presence of a marijuana metabolite in the defendant's blood on the date of the crash, whether the defendant was, in fact, under the influence of marijuana at the time of the crash [citation omitted], ultimately, the prosecutor instructed the grand jury to disregard all of the marijuana-related evidence, and redacted the marijuana-related information from certain documents in evidence. While the Supreme Court dismissed the prosecutor's efforts in that regard as ineffectual, the grand jury is presumed to have followed the prosecutor's curative instructions, dispelling any prejudice to the defendant [citations omitted]."
Determination Year2010
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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