Case Detail
CitationPeople v. Mohammed, 917 N.Y.S.2d 295 (N.Y. App. Div. 2011)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2008
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor made an improper appeal to sympathy of jury during summation and the prosecutor's reference to her unsuccessful attempt to admit a detective's report into evidence constituted an improper remark. The cumulative effect of the prosecutor's improper remarks deprived the defendants of their right to fair trial. "[T]he prosecutor made several improper remarks during summation. . . . Although it is improper to appeal to the sympathy of the jury . . . the prosecutor nonetheless stated that there were '100 Pakistani men who were supporters of the defendants,' and that these men were 'glaring' at the complainant while he gave his testimony; that the complainant was 'taunted' and 'mocked' by the three defense attorneys during cross-examination; and that the jury 'saw what happened during cross-examination,' specifically, that it 'saw what [the complainant] went through on the witness stand ... and I'm going to ask when you go back in the jury room to treat [the complainant] with dignity.' The prosecutor's reference to her unsuccessful attempt to admit a detective's report into evidence also constituted an improper remark, as it implied that there was additional evidence supporting a verdict of guilt, despite the fact that this evidence was not admitted at trial [citation omitted]."
Determination Year2011
Misconduct TypeTR: Inadmissible
TR: Inflammatory
TR: Mischaracterizing
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://scholar.google.com/scholar_case?case=14561267006321895526&hl=en&as_sdt=6&as_vis=1&oi=scholarr