Case Detail
CitationPeople v. Washington, 933 N.Y.S.2d 499 (N.Y. App. Div. 2011)
CrimeAssault
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2005
BodyAppeals court
OpinionThe Supreme Court, Appellate Division, held that the defendant failed to preserve for review on appeal claim that he was denied a fair trial based on prosecutor's improper questions on cross-examination. "Defendant contends that he was denied a fair trial based on the prosecutor's improper questions on cross-examination concerning whether the prosecution witnesses were lying or were liars. That contention is not preserved for our review inasmuch as defendant failed to object to those questions (see CPL 470.05[2] ), and we decline to exercise our power to review defendant's contention as a matter of discretion in the interest of justice (see CPL 470.15[6][a] ). We note, however, that such questions were improper [citations omitted]. As this Court stated over 20 years ago, '[o]n numerous occasions, we have forcefully condemned prosecutorial cross-examination which compels a defendant to state that witnesses lied in their testimony' [citations omitted]. Unfortunately, we find it necessary once again to forcefully condemn such improper conduct by the prosecutor."
Determination Year2011
Misconduct TypeTR: Inadmissible
TR: Inflammatory
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://leagle.com/decision/In%20NYCO%2020111118341.xml/PEOPLE%20v.%20WASHINGTON