Case Detail
CitationPeople v. Liverpool, 825 N.Y.S.2d 708 (N.Y. App. Div. 2006)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2003
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the cumulative effect of the prosecutor's remarks during summation was to deprive the defendant of a fair trial. "During summation the prosecutor improperly vouched for the prosecution's main witness [citation omitted], argued that the defendant had a general propensity to commit crime [citation omitted], suggested that the grand jury indictment constituted evidence of the defendant's guilt [citations omitted], and made additional unduly prejudicial and inflammatory remarks [citation omitted]. The cumulative effect of these errors was to deprive the defendant of a fair trial in this single-eyewitness case. Accordingly, a new trial is required."
Determination Year2006
Misconduct TypeTR: Inadmissible
TR: Inflammatory
TR: Mischaracterizing
TR: Vouching
C/S EffectNew trial
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/200654135AD3d506_2193