Case Detail
CitationPeople v. Robinson, 975 N.Y.S.2d 830 (N.Y. App. Div. 2013)
CrimeNon-violent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2011
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's comment in closing argument which impermissibly shifted the burden of proof, was not so egregious as to deny the defendant a fair trial. "Defendant contends that he was deprived of a fair trial by prosecutorial misconduct based on two comments made by the prosecutor on summation. . . .Although we agree with defendant that the prosecutor's second comment impermissibly shifted the burden of proof, we conclude that the comment 'w[as] not so ... egregious as to deny defendant a fair trial' [citations omitted]."
Determination Year2013
Misconduct TypeTR: Brady
TR: Misstating
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://leagle.com/decision/In%20NYCO%2020131108373.xml/PEOPLE%20v.%20ROBINSON