Case Detail
CitationPeople v. Baum, 863 N.Y.S.2d 672 (N.Y. App. Div. 2008)
CrimeDrug crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2006
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that any error in the prosecutor's improper remarks during summation was harmless. "[T]he the prosecutor improperly denigrated the integrity of defense counsel by stating that counsel was 'speaking out of both sides of her mouth' during summation [citation omitted]. The prosecutor also improperly shifted the burden of proof to defendant by stating on two occasions that defense counsel 'needed' the jury to believe that the People's witnesses were lying, thereby implying 'that the jury was entitled to acquit only if it disbelieved the evidence actually presented' [citation omitted]. Nevertheless, these improper remarks were isolated, and any error was harmless in light of the overwhelming evidence of defendant's guilt, which included the recovery of buy money from his person."
Determination Year2008
Misconduct TypeTR: Impugning
TR: Misstating
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020080918247