Case Detail
CitationPeople v. Bennett, 837 N.Y.S.2d 655 (N.Y. App. Div. 2007)
Pros. First NameUKN
Pros. Last NameUKN
Trial Year1997
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the defendant was deprived of a fair trial by the prosecutor's deception regarding his intention to call a witness. "We agree with the defendant that the prosecutor's conduct deprived him of his right to a fair trial. Put simply, the prosecutor ambushed the defense by his deception regarding his intention to call Rickey Davis as a witness and withholding of the Rosario material pertaining to Davis, by his last-minute presentation of Davis's testimony regarding the victim's excited utterance when the police had not yet arrived and the victim's statement to the police as well, and by his capitalizing on these unfair tactics in summation. These tactics led to and then undermined the defense theory that the police had been the only ones to hear the victim's accusation against the defendant and had conformed their testimony to assure its admissibility. Because the instances of prosecutorial misconduct were flagrant and the evidence of guilt was not overwhelming, we reverse the conviction and order a new trial [citation omitted]."
Determination Year2007
Misconduct TypeP
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
Sanction TypeUKN
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