Case Detail
CitationPeople v. Elliott, 740 N.Y.S.2d 918 (N.Y. App. Div. 2002)
CrimeViolent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial Year1998
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, ruled the prosecutor's misconduct did not warrant a new trial due to the overwhelming evidence of guilt against the defendant. "Although we agree with defendant that the testimony of a police officer improperly bolstered the identification testimony of the victim, we conclude that the error is harmless. The identification testimony of the victim was strong, and there is no significant probability that defendant would have been acquitted but for the error [citations omitted]. We also agree with defendant that the prosecutor engaged in misconduct during her summation by, inter alia, denigrating the defense and impugning the integrity of defense counsel [citation omitted]. 'It would seem, by now, unnecessary to emphasize again that the duty of the prosecutor is to honor established legal principles, not to secure conviction by any and all means' [citation omitted]. We conclude, however, that reversal is not required based on that misconduct."
Determination Year2002
Misconduct TypeTR: Impugning
TR: Vouching
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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