Case Detail
CitationPeople v. Ortiz-Castro, 784 N.Y.S.2d 466 (N.Y. App. Div. 2004)
CrimeMurder
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year1995
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, declined to grant a new trial due to prosecutor misconduct. "We note our strong disapproval of the misconduct of the prosecutor in summation of playing on the sympathies and fears of the jury, in denigrating the defense, and in expressing his personal opinion of the credibility of the witnesses. Nonetheless, the misconduct was not so egregious as to deprive defendant of his right to a fair trial [citations omitted], particularly in light of the overwhelming evidence of defendant's guilt [citations omitted]. Finally, viewing the evidence, the law, and the circumstances of this case, in totality and as of the time of the representation, we conclude that defense counsel provided meaningful representation [citation omitted]."
Determination Year2004
Misconduct TypeTR: Impugning
TR: Inadmissible
TR: Inflammatory
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttps://casetext.com/case/people-v-castro-270