Case Detail
CitationPeople v. Rose, 761 N.Y.S.2d 686 (N.Y. App. Div. 2003)
CrimeSex crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2000
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's improper summation argument exceeded the bounds of appropriate advocacy and warranted a new trial. "[T]during summation, the prosecutor improperly argued that the defendant 'invented' an assertion that the victim falsely accused him of stabbing and killing Brenda Smith (the appellant's wife and the victim's mother), during a Family Court proceeding. The prosecutor was plainly aware of the falsity of his statement based on other evidence in the record. While the prosecutor's error was not preserved for appellate review, we are compelled, under the circumstances of this case, to consider the error in the interest of justice (see CPL 470.15[6][a] ). . . .'The prosecutor's conduct in advocating a position which he knew to be false was an abrogation of his responsibility as a prosecutor' [citation omitted]. A 'prosecutor ‘is charged with the duty not only to seek convictions but also to see that justice is done’ and ‘owes a duty of fair dealing to the accused and candor to the courts' ” [citations omitted]. Despite a request from the defense counsel, the prejudicial effect of the prosecutor's improper statement was not negated because the trial court did not give a curative instruction to the jury [citation omitted]."
Determination Year2003
Misconduct TypeT
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
Sanction TypeUKN
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