Case Detail
CitationPeople v. Smith, 909 N.Y.S.2d 70 (N.Y. App. Div. 2010)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2008
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's improper propensity argument regarding the defendant's prior convictions, did not deprive defendant of fair trial. "The prosecutor should not have made a propensity argument regarding defendant's prior convictions, which had been admitted for impeachment only. However, we find that this argument did not deprive defendant of a fair trial, particularly since this was a nonjury trial where the trier of fact is presumed capable of disregarding such remarks . . ."
Determination Year2010
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkN/A