Case Detail
CitationPeople v. McClary, 925 N.Y.S.2d 307 (N.Y. App. Div. 2011)
CrimeDrug crimes
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2010
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the removal of a sworn juror was improper, and the cumulative effect of instances of prosecutorial misconduct required reversal. "Defendant further contends that reversal is also warranted based upon specified instances of prosecutorial misconduct. We agree with defendant that the cumulative effect of those instances requires reversal. As defendant correctly notes, the prosecutor improperly 'elicited testimony from [detectives] who vouched for the credibility of the confidential informant by testifying that the confidential informant had provided reliable information to the police in the past' [citations omitted]. He also improperly elicited testimony regarding defendant's postarrest silence during the People's case-in-chief, in violation of defendant's right against self-incrimination, an error that he compounded by explicitly referencing defendant's postarrest silence during summation [citations omitted]. Finally, the prosecutor further engaged in misconduct by 'forcing defendant on cross-examination to characterize [the] prosecution witnesses as liars' [citations omitted]. Although defendant failed to preserve his contention for our review (see CPL 470.05[2] ), we exercise our power to review it as a matter of discretion in the interest of justice [citations omitted]."
Determination Year2011
Misconduct TypeTR: Inadmissible
TR: Vouching
C/S EffectNew trial
Pros. Misc. ReportedUKN
Sanction TypeUKN
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