Case Detail
CitationPeople v. Anderson, 830 N.Y.S.2d 161 (N.Y. App. Div. 2006)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2005
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's misconduct during summation deprived the defendant of a fair trial and warranted reversal of his convictions. "[T]he prosecutor made reference to crimes in which the defendant had participated but not been charged, and also made unqualified statements of the defendant's guilt. Furthermore, the prosecutor improperly stated that the defendant had made a statement to the police without asking for a lawyer because 'he knew he was guilty.' The prosecutor also sought to inflame the jury against the defendant by making statements about the defendant's behavior even though the prosecutor's characterization of that behavior was unsupported by the record. . . . The defense counsel did not object to any of the prosecutor's improper summation comments. Nevertheless, although the defendant's contentions were not properly preserved for appellate review, we pass upon them in the exercise of our interest of justice jurisdiction (see CPL 470.15[6][a] ). . . . In light of the less than overwhelming evidence of guilt adduced at trial, the prosecutor's misconduct during his summation, only some examples of which are set forth above, cannot be considered harmless [citations omitted]. The misconduct under review was sufficiently egregious to have deprived the defendant of a fair trial within the meaning of CPL 470.15(6)(a) and warrant a reversal in the interest of justice [citations omitted]."
Determination Year2006
Misconduct TypeTR: Impugning
TR: Inflammatory
TR: Mischaracterizing
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/200690635AD3d871_2243