Case Detail
CitationPeople v. Warren, 812 N.Y.S.2d 569 (N.Y. App. Div. 2006)
CrimeViolent, other
StateNY
Pros. First NameThomas
Pros. Last NameSpota
FederalNo
Trial Year2003
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the defendant was not denied his right to a fair trial by the prosecutor's improper comments during summation. "Although the prosecutor improperly shifted the burden of proof to the defendant by drawing attention to the defendant's failure to call a witness his attorney had mentioned in his opening statement [citation omitted], and also improperly denigrated defense counsel [citation omitted], any prejudice that may have resulted from these remarks was alleviated when the trial court sustained the defendant's objections and provided curative instructions to the jury [citation omitted]."
Determination Year2006
Misconduct TypeTR: Impugning
TR: Inadmissible
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/200652327AD3d496_1228.xml/PEOPLE%20v.%20WARREN