Case Detail
CitationPeople v. Carter, 818 N.Y.S.2d 380 (N.Y. App. Div. 2006)
CrimeSex crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2004
BodyAppeals court
OpinionThe Supreme Court, Appellate Division, held that the trial court committed reversible error in permitting the prosecution to present irrelevant testimony of a witness concerning his consensual sexual acts with the defendant. "[T]he prosecutor engaged in misconduct in his opening and closing statements and in his cross-examination of defense witnesses [citation omitted]. We note in particular the prosecutor's misconduct in emphasizing the age difference between defendant and the victim without clarifying that the age difference was relevant with respect to only one charge, i.e., unlawfully dealing with a child in the first degree. We note in addition the prosecutor's numerous inflammatory references to defendant as a dangerous sexual predator. We conclude that the prosecutor's inflammatory comments, along with the comments concerning the age difference that were relevant only with respect to one of the crimes charged, 'had ‘a decided tendency to prejudice the jury’' [citations omitted]."
Determination Year2006
Misconduct TypeTR: Inadmissible
TR: Inflammatory
C/S EffectNew trial
Pros. Misc. ReportedUKN
Sanction TypeUKN
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