Case Detail
CitationPeople v. Nelson, 935 N.Y.S.2d 133 (N.Y. App. Div. 2011)
CrimeDrug crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2009
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's inflammatory and unsupported remarks in summation were harmless error. "The prosecutor improperly went outside of the four corners of the evidence when, in summation, he made the inflammatory and unsupported remarks that the defendant and his codefendant had brought their children onto their 'team' with respect to a 'business plan' involving their possession of marijuana [citations omitted]. The prosecution 'may not ... try to convey to the jury, by insinuation, suggestion or speculation, the impression that the defendant is guilty of other crimes not in issue at the trial' [citations omitted]. The defendant's contentions regarding other improper questioning and summation comments by the prosecutor are not preserved for appellate review [citations omitted]. In any event, a new trial is not warranted because we find that the cumulative effect of all of the alleged errors was harmless, as the evidence of the defendant's guilt, without reference to the alleged errors, was overwhelming, and there is no significant probability that the alleged errors might have contributed to the defendant's conviction [citations omitted]."
Determination Year2011
Misconduct TypeTR: Inadmissible
TR: Inflammatory
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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