Case Detail
CitationPeople v. Robinson, 790 N.Y.S.2d 586 (N.Y. App. Div. 2005)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2002
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the defendant was not deprived of a fair trial as result of the prosecutor's conduct during summation. "[W]hile the prosecutor may have misstated the law with respect to the elements of reckless endangerment in the first degree, Supreme Court immediately instructed the jury that it was to follow the law as charged by the court, thus diluting any prejudicial effect. Also, although portions of the prosecutor's summation may have exceeded what would be considered to be a fair response to defense counsel's closing argument or fair comment on the evidence [citations omitted], it did not rise to the flagrant and pervasive level of misconduct which would deprive defendant of due process [citations omitted]."
Determination Year2005
Misconduct TypeTR: Misstating
TR: Other
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttps://casetext.com/case/people-v-robinson-358