Case Detail
CitationPeople v. Peterson, 897 N.Y.S.2d 361 (N.Y. App. Div. 2010)
Pros. First NameWilliam
Pros. Last NameFitzpatrick
Trial Year2008
BodyAppeals court
OpinionThe Supreme Court, Appellate Division, held that the defendant's right to a fair trial was not compromised by the prosecutor's improper cross-examination of the defendant. "We agree with defendant that the prosecutor's cross-examination of defendant concerning his failure to call witnesses was improper inasmuch as the questioning may have appeared to shift the burden of proof to defendant [citations omitted]. Immediately after that line of questioning, however, County Court issued a curative instruction, advising the jury that the People and not defendant bore the burden of proof and that defendant had no obligation to call witnesses."
Determination Year2010
Misconduct TypeTR: Inadmissible
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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