Case Detail
CitationPeople v. Cosme, 973 N.Y.S.2d 765 (N.Y. App. Div. 2013)
CrimeViolent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2011
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the defendant was not deprived of a fair trial by the prosecutor's improper questions. "The defendant correctly contends that the prosecutor improperly asked him on cross-examination whether a prosecution witness's testimony was 'not true' because it contradicted the defendant's recollection of events [citations omitted]. We also agree with the defendant that the prosecutor improperly cross-examined him about his silence when he was apprehended by the police [citations omitted]. However, under the facts of this case, the errors were harmless and did not deprive the defendant of a fair trial [citation omitted]. Indeed, with respect to the questions concerning the defendant's silence after being apprehended, the trial court alleviated any prejudice by sustaining defense counsel's objections to the two offending questions, striking the second question and answer from the record, and directing the jury to disregard the second question and answer."
Determination Year2013
Misconduct TypeTR: Inadmissible
TR: Inflammatory
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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