Case Detail
CitationPeople v. Battistini, 761 N.Y.S.2d 363 (N.Y. App. Div. 2003)
CrimeDrug crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2002
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's misconduct in inferring that defendant had earned substantial income from selling drugs was harmless error. "Defendant next contends that reversible error occurred when the prosecutor, during his summation and in an apparent effort to infer that defendant had earned substantial income from selling drugs, drew the jury's attention to the fact that defendant had two lawyers. Defendant's objection was sustained and County Court immediately directed the jury that its verdict must be based upon the evidence and not speculation. Defendant later moved for a mistrial after the jury had been charged. County Court denied the motion, but permitted defendant to draft a curative instruction that the court read as a supplemental charge to the jury. While the prosecutor's comment was clearly improper, we find the comment constituted harmless error in light of the curative instructions given by the court and the overwhelming evidence of defendant's guilt on the remaining charges [citations omitted]."
Determination Year2003
Misconduct TypeT
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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