Case Detail
CitationPeople v. Jones, 948 N.Y.S.2d 385 (N.Y. App. Div. 2012)
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2009
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's improper use of a witness's prior written statement to refresh her recollection was harmless. "Contrary to the People's contention, the prosecutor improperly used a witness's prior written statement to refresh her recollection 'in a manner that disclose[d] its contents to the trier of the facts' (CPL 60.35[3] ). However, this error was harmless, as there was overwhelming evidence of the defendant's guilt, and no significant probability that the error contributed to his conviction [citations omitted]. The defendant's contentions regarding the subsequent failure of the court to give a limiting instruction pursuant to CPL 60.35, and the prosecutor's reference to the witness's prior statement during summation, are unpreserved for appellate review (see CPL 470.05[2] ), and we decline to review them in the exercise of our interest of justice jurisdiction (see CPL 470.15[6][a] )."
Determination Year2012
Misconduct TypeTR: Inadmissible
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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