Case Detail
CitationPeople v. Epolito, 957 N.Y.S.2d 518 (N.Y. App. Div. 2012)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2009
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the cumulative effect of the prosecutor's improper comments during summation deprived the defendant of a fair trial. "During summation, the prosecutor improperly vouched for the credibility of prosecution witnesses [citations omitted]. We reject the People's contention that the prosecutor's comments during summation were a proper response to the summation of defense counsel [citation omitted]. We therefore agree with defendant that the cumulative effect of the prosecutor's improper comments during summation deprived defendant of his right to a fair trial, requiring reversal [citation omitted]."
Determination Year2012
Misconduct TypeTR: Inadmissible
TR: Vouching
C/S EffectNew trial
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020121221493