Case Detail
CitationPeople v. Acquista, 837 N.Y.S.2d 309 (N.Y. App. Div. 2007)
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2005
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that improper comments by the prosecutor did not amount to reversible prosecutorial misconduct. The defendent preserved for "appellate review his challenge to certain comments made by the prosecutor in summation regarding his failure to contact the police immediately after the incident, his failure to call a certain witness at trial, and his failure to produce physical evidence in support of his claim that the victim was armed. Those comments were clearly improper [citations omitted]. Nevertheless, the trial court alleviated any resulting prejudice by sustaining the defendant's objections and promptly issuing appropriate curative instructions [citations omitted]. In any event, in light of the overwhelming evidence of the defendant's guilt, we find that the errors complained of were harmless and that the defendant was not denied the right to a fair trial [citations omitted]."
Determination Year2007
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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