Case Detail
CitationPeople v. Urbina, 951 N.Y.S.2d 753 (N.Y. App. Div. 2012)
CrimeSex crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2010
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the trial court's refusal to submit to jury the non-inclusory concurrent count charging first-degree attempted sexual abuse might have affected the verdict. "The court's improvident exercise of discretion was compounded when the prosecutor asserted in her summation that the court's reason for submitting only one count was 'because' the defendant was guilty of that count, which strongly implied that the court also believed that the defendant was guilty of that count. The improper implication was only strengthened when the court overruled defense counsel's objection. Inasmuch as the errors may have affected the verdict, a new trial is required [citation omitted]."
Determination Year2012
Misconduct TypeT
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020121010382