Case Detail
CitationPeople v. Colon, 918 N.E.2d 936 (N.Y. 2009)
Pros. First NameUKN
Pros. Last NameUKN
Trial Year1993
BodySupreme court
OpinionThe New York Court of Appeals, held that the prosecutor's failure to disclose the full extent of assistance provided to the prosecution's witness warranted a new trial. " At trial, only two witnesses connected defendants to the crime—Core and Vera. Core had previously committed perjury and was a self-described drug kingpin and murderer. His veracity was further called into question given that he was facing life imprisonment on both state and federal charges when he agreed to testify against defendants. Vera's testimony was therefore crucial. But the false testimony elicited by the prosecutor regarding the benefits extended may well have impacted the jury's perception of Vera's credibility. By their very nature, benefits conferred on a witness by a prosecutor provide a basis for the jury to question the veracity of a witness on the theory that the witness may be biased in favor of the People. For this reason, it is important that witnesses provide truthful testimony when questioned about the receipt of such benefits, and the People must be vigilant to avoid misleading the court or jury. Rather than correct the inaccurate testimony, the prosecutor here exacerbated the problem during her closing comments. We also concur with the Appellate Division's observation that the prosecutor should have turned over the two March 1990 interview notes. On this record, we conclude that a new trial is warranted."
Determination Year2009
Misconduct TypePT: Brady
TR: Mischaracterizing
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
Sanction TypeUKN
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