Case Detail
CitationPeople v. Mendez, 804 N.Y.S.2d 337 (N.Y. App. Div. 2005)
CrimeViolent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2002
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor engaged in misconduct by making comments during summation that insinuated that more than one witness had identified the defendant, and the defendant was deprived of a fair trial as result. "In her summation, the prosecutor made certain statements that insinuated that more than one witness had identified the defendant. Certain communications received from the jury during its deliberations reveal that these comments may well have misled one or more of the members of the jury. At another point, the prosecutor stated, 'I could have brought in 15 witnesses. They would have all told you the same thing. It is not the quantity; it's the quality of the evidence.' These comments, however intended, may have suggested to the jury that there were, in fact, many other eyewitnesses who could have, and who would have, identified the defendant as one of the robbers if only they had decided to testify. . . .In light of the less than overwhelming evidence of guilt adduced at trial, the prosecutor's misconduct during her summation, of which the foregoing specifications are but two examples, cannot be considered harmless [citations omitted]."
Determination Year2005
Misconduct TypeT
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
Sanction TypeUKN
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