Case Detail
CitationPeople v. Ramsey, 852 N.Y.S.2d 304 (N.Y. App. Div. 2008)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2005
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the reversal was not warranted by the prosecutor's improper attempt, during summation, to impermissibly shift the burden of proof. "Although the prosecutor attempted to impermissibly shift the burden of proof during summation by asking the jury to weigh the People's proof against a portion of the defendant's grand jury testimony that had been admitted [citation omitted], the court immediately sustained defense counsel's objection, and the curative instructions provided by the court alleviated any prejudice that may have resulted from the prosecutor's improper remark [citation omitted]. . . .Moreover, while we agree that several other comments made by the prosecutor were improper, the errors were harmless [citations omitted]."
Determination Year2008
Misconduct TypeTR: Misstating
TR: Other
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/200875748AD3d709_2214