Case Detail
CitationPeople v. Jamal, 761 N.Y.S.2d 874 (N.Y. App. Div. 2003)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2000
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that a new trial was necessary due to the prosecutor's misconduct. "During summation, the prosecutor inappropriately stated that certain evidence was kept from the jury for 'legal reasons,' and argued that the Grand Jury indictment was evidence of the defendant's guilt [citations omitted]. In addition, the prosecutor repeatedly gave his personal opinion as to the truth of the testimony of the People's witnesses and as to the defendant's guilt [citation omitted]. . . . Finally, the prosecutor referred to the People's evidence as 'undisputed,' and '[u]ncontroverted,' stated that the defendant had 'no explanation,' 'no rational defense,' rhetorically asked '[w]hat is the defense, ladies and gentlemen?' and stated that the 'People have given you the evidence in this case.' These statements were thinly 'veiled and improper reference[s] to the defendant's failure to testify, which improperly shifted the burden of proof [to the defendant]' [citation omitted]. Considering the prosecutor's improper summation comments cumulatively, we agree with the defendant that a new trial is required [citation omitted]."
Determination Year2003
Misconduct TypeTR: Impugning
TR: Inadmissible
TR: Mischaracterizing
TR: Vouching
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/2003574307AD2d267_1489