Case Detail
CitationPeople v. Morgan, 903 N.Y.S.2d 851 (N.Y. App. Div. 2010)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2006
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the trial court was required to determine whether the reasons given for a peremptory challenge were a pretext for discrimination, reversing the case. In addition, the court noted its "strong disapproval of the misconduct of the prosecutor on summation in improperly shifting the burden of proof onto defendant and in improperly vouching for the credibility of the People's witnesses. Among other objectionable remarks, the prosecutor stated on summation that '[t]he only way that you can find the defendant not guilty of burglary is if you believe that he falsely admitted to a crime that he didn't commit.' The prosecutor also stated that, 'to believe what [defendant] want[s] you to believe, you have to conclude that [two police detectives] are liars. Two police officers with forty years of experience between them ... They're going to come in here and perjure themselves on the stand, and risk prosecution themselves, for what? For this?' "
Determination Year2010
Misconduct TypeTR: Inadmissible
TR: Mischaracterizing
TR: Misstating
TR: Vouching
TR: Other
C/S EffectNew trial
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://leagle.com/decision/In%20NYCO%2020131108284.xml/PEOPLE%20v.%20MORGAN