Case Detail
CitationPeople v. Nelson, 890 N.Y.S.2d 189 (N.Y. App. Div. 2009)
CrimeSex crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2003
BodyAppeals court
OpinionThe Supreme Court, Appellate Division, held that the prosecutor's improper comments during summation did not deprive defendant of a fair trial. "We agree that, at times, the prosecutor made improper remarks that denigrated both defense counsel and the defense [citations omitted]. Furthermore, the prosecutor inappropriately attempted to appeal to the sympathy of the jury by asking the jury to 'fight for [the victim]' during deliberations [citations omitted]. Although the summation was not free from error, we find that the unwarranted and improper comments, even when considered cumulatively, were not so substantially prejudicial as to deprive defendant of a fair trial, particularly given the strength of the People's case and the overwhelming proof of defendant's guilt [citations omitted]."
Determination Year2009
Misconduct TypeTR: Impugning
TR: Inflammatory
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020091210217