Case Detail
CitationPeople v. Brown, 817 N.Y.S.2d 139 (N.Y. App. Div. 2006)
CrimeAttempted murder
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2001
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, granted the defendant a new trial in due to the trial court's failure to allow defendant to present alibi evidence. Additionally, the court indicated it would have also reversed due to prosecutor misconduct. "[R]eversal of the judgment would independently have been warranted as a matter of discretion in the interest of justice based on repeated instances of prosecutorial misconduct during the cross-examination of a defense witness and upon summation. The cumulative effect of this misconduct, which included the prosecutor presenting himself as an unsworn witness at the trial, suggesting that the defense counsel did not believe his own client, making public safety arguments, and implying that certain key evidence had been kept from the jury due to legal technicalities, deprived the defendant of his right to a fair trial [citations omitted]. This misconduct should not be repeated at the defendant's retrial."
Determination Year2006
Misconduct TypeTR: Impugning
TR: Inadmissible
TR: Mischaracterizing
C/S EffectNew trial
Pros. Misc. ReportedUKN
Sanction TypeUKN
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