Case Detail
CitationPeople v. Perez, 946 N.Y.S.2d 835 (N.Y. Sup. Ct. 2012)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2012
BodyTrial court
OpinionThe New York Supreme Court, Queens County, held that the preamble script created by the People and read to the defendant during his pre-arraignment interview violated the Rules of Professional Conduct and that preclusion of the statement was an appropriate sanction for the People's ethical violation. "The court finds that the preamble script is, at a minimum, a misrepresentation, if not actually deceptive. A detainee in [Central Booking Queens, CBQ] hears that this is his only opportunity to speak to the District Attorney's investigator and assistant prior to arraignment. This creates an impression that the CBQ interview exists to assist the defendant. In this case the impression created was false."
Determination Year2012
Misconduct TypePT: Evidence
Pre-Trial -- Other
C/S EffectBar evidence
Pros. Misc. ReportedNo
SanctionsNo
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020120418476.xml/PEOPLE%20v.%20PEREZ