Case Detail
CitationPeople v. Saracina, 748 N.Y.S.2d 109 (N.Y. App. Div. 2002)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2001
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, rejected defendant's appeal based on prosecutor misconduct: "Although we agree with defendant that the prosecutor engaged in misconduct by, inter alia, eliciting testimony of uncharged crimes from the victim and attempting to introduce evidence previously ruled inadmissible, County Court properly issued appropriate curative instructions and admonished the prosecutor outside the presence of the jury [citation omitted]. We conclude that the misconduct did not cause 'such substantial prejudice to the defendant that he [was] denied due process of law' . . . We further conclude that the court did not abuse its discretion in denying defendant's motion for a mistrial based on the victim's testimony concerning uncharged crimes. The court's curative instructions 'were sufficient to alleviate any prejudice to defendant' [citation omitted]."
Determination Year2002
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/20021251298AD2d953_1298.xml/PEOPLE%20v.%20SARACINA