Case Detail
CitationPeople v. Matthews, 811 N.Y.S.2d 514 (N.Y. App. Div. 2006)
CrimeViolent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2004
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the defendant was not deprived of a fair trial as a result of the prosecutor's improper shifting of the burden of proof to the defendant and inappropriate reference to conspiracy where none was charged during summation. "Although the prosecutor improperly shifted the burden of proof to defendant and inappropriately referred to a conspiracy where none was charged, County Court properly instructed the jury that the People were required to prove beyond a reasonable doubt every element of the crimes charged and that the burden of proof never shifted to defendant. Thus, the prosecutor's improper comments did not deprive defendant of a fair trial, inasmuch as 'the court clearly and unequivocally instructed the jury that the burden of proof on all issues [with respect to the crimes charged] remained with the prosecution' [citations omitted]."
Determination Year2006
Misconduct TypeTR: Mischaracterizing
TR: Misstating
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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