Case Detail
CitationPeople v. Quiller, 749 N.Y.S.2d 302 (N.Y. App. Div. 2002)
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2001
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's reference at summation to the defendant's prior bad acts did not warrant reversal. "[T]he People concede that during summation, the prosecutor improperly discussed defendant's prior jailhouse 'bad acts.' Nevertheless, the People argue that the error was not preserved for appellate review and the comments were not so prejudicial as to deprive defendant of a fair trial. We agree. No objection was made to the prosecutor's summation and, thus, the issue has not been preserved for review [citations omitted]. Were we to reach the merits of this issue, we would find defendant's argument unpersuasive. While reversal should result where remarks made by a prosecutor in summation are so prejudicial as to deprive the defendant of a fair trial [citation omitted], resulting prejudice from an improper comment may be eliminated by a curative instruction [citations omitted]. Here, County Court's charge sufficiently eliminated any potential prejudice by emphasizing that evidence of defendant's prior crimes and bad acts is not evidence-in-chief and can be considered only on the issue of defendant's credibility."
Determination Year2002
Misconduct TypeTR: Inadmissible
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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