Case Detail
CitationPeople v. Morales, 968 N.Y.S.2d 580 (N.Y. App. Div. 2013)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2000
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor engaged in misconduct in a burglary prosecution and the defendant was denied meaningful representation at trial. "[D]uring his opening and closing statements to the jury, the prosecutor engaged in misconduct by making improper arguments regarding the defendant's criminal propensity [citation omitted], expressing his belief that the defendant was lying and had committed perjury [citations omitted], denigrating the defense [citations omitted], and appealing to the jury's fears and sympathy [citations omitted]. . . Notwithstanding the sheer number of the foregoing clear and egregious errors, the defendant's trial counsel failed to object to the repugnant verdicts, failed to contest the court's erroneous instructions, and failed to object to the prosecutor's improper remarks. Since there was no objectively reasonable and legitimate trial strategy for counsel's inaction, the defendant was denied meaningful representation at trial [citations omitted] in addition to being denied his right to a fair trial."
Determination Year2013
Misconduct TypeTR: Impugning
TR: Inadmissible
TR: Inflammatory
C/S EffectDismissal
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkN/A