Case Detail
CitationPeople v. Hicks, 953 N.Y.S.2d 770 (N.Y. App. Div. 2012)
CrimeDrug crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial YearUKN
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor engaged in misconduct by asking defendant on cross-examination to characterize prosecution witnesses as liars and granted a new trial. "We note at the outset that, as the People correctly conceded at oral argument, the prosecutor engaged in misconduct by asking defendant on cross-examination to characterize prosecution witnesses as liars [citations omitted] and, indeed, the record establishes that she repeatedly did so. Defense counsel eventually objected to that line of questioning, but Supreme Court overruled the objection and the improper questions continued. The prosecutor then exacerbated the harm arising from the prior misconduct by stating during her summation that the defense theory was that 'the police are liars.' . . .We further conclude that the prosecutor also engaged in misconduct during her summation by stating that 'there's been no evidence that there was any plea bargain available in this case.' The record demonstrates that a plea bargain had in fact been offered in writing to defendant by that same prosecutor, and that defendant rejected the offer. Although the prosecutor was technically correct that no evidence of the plea offer had been admitted at trial, it may be readily inferred that the prosecutor intended to mislead the jury on this point and was successful in doing so. We also agree with defendant that the prosecutor engaged in misconduct by asking defendant on cross-examination whether he knew about the criminal past of his companion [citations omitted]. Again, defense counsel's objection to that questioning was overruled."
Determination Year2012
Misconduct TypeTR: Impugning
TR: Inadmissible
TR: Mischaracterizing
TR: Vouching
C/S EffectNew trial
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020121109354