Case Detail
CitationPeople v. Trembling, 748 N.Y.S.2d 631 (N.Y. App. Div. 2002)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year1998
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's comments on defendant's initial refusal to speak to police did not deny defendant a fair trial. "Defendant was not denied a fair trial by the prosecutor's comments on summation concerning defendant's initial refusal to speak to the State Police. The court gave curative instructions in response to defense counsel's objections to those comments, and defendant neither requested further curative instructions nor moved for a mistrial. Thus, '[u]nder these circumstances, the curative instructions must be deemed to have corrected the error to the defendant's satisfaction' [citations omitted]. The further contentions of defendant concerning the prosecutor's summation, raised in the main brief and the pro se supplemental brief, are not preserved for our review (see CPL 470.05[2] ) and in any event were not so egregious as to have denied defendant a fair trial [citation omitted]."
Determination Year2002
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://leagle.com/decision/20021188298AD2d890_2306.xml/PEOPLE%20v.%20TREMBLING