Case Detail
CitationPeople v. James King, 974 N.Y.S.2d 230 (N.Y. App. Div. 2013)
CrimeDrug crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial YearUKN
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's improper remarks during summation were not so egregious as to deprive the defendant of a fair trial. "We agree with defendant that it was improper for the prosecutor to remark that a witness was afraid of defendant inasmuch as that was not a fair comment on the evidence [citations omitted]. We further agree with defendant that the prosecutor improperly used defendants past crimes of violence to suggest that the witness had 'a reason to be afraid.' It is fundamental that the function of cross-examining a defendant about his or her prior criminal, vicious, or immoral acts ' is solely to impeach [the defendant's] credibility as a witness' [citations omitted]. Nevertheless, we conclude that the prosecutor's isolated remarks were not so egregious as to deprive defendant of a fair trial . . ."
Determination Year2013
Misconduct TypeTR: Inadmissible
TR: Mischaracterizing
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
Web linkN/A