Case Detail
CitationPeople v. Jones, 818 N.Y.S.2d 285 (N.Y. App. Div. 2006)
CrimeMurder
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2002
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's failure to correct false testimony of prosecution witness that she had identified the defendant's nephew in a lineup as one of two people who shot at group which included victim required new trial. "[A] new trial is required because the prosecutor failed to correct false trial testimony by one of the People's witnesses. A prosecutor is under a duty to correct false testimony given by prosecution witnesses [citations omitted]. Here, a prosecution witness falsely testified that she had identified the defendant's nephew in a lineup as one of two people who shot at a group which included the victim, and the prosecutor failed to correct that testimony. As the People correctly concede, the error cannot be said to be harmless [citations omitted]. . . . Although not dispositive of the appeal from the judgment, we note that, in his summation, the prosecutor vouched for the credibility of an eyewitness, stating, inter alia, that she was 'not making [testimony up] out of the blue,' and the jury could take her testimony 'to the bank.' The prosecutor's vouching for the eyewitness went beyond the permissible bounds of broad rhetorical comment and should not be repeated at the new trial [citations omitted]."
Determination Year2006
Misconduct TypeTR: Mischaracterizing
TR: Vouching
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/200669731AD3d666_1333.xml/PEOPLE%20v.%20JONES