Case Detail
CitationPeople v. Wallender, 812 N.Y.S.2d 157 (N.Y. App. Div. 2006)
CrimeNon-violent, other
StateNY
Pros. First NameRobert
Pros. Last NameCarney
FederalNo
Trial Year2005
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that error in permitting the prosecution to question a defense witness regarding the defendant's expulsion from school for possessing marijuana and in permitting the prosecution to improperly vouch for witness during summation, was harmless. "We find merit in defendant's assertion that it was error to permit the prosecution to question its witness regarding defendant's expulsion from school for possessing marijuana. . . . Likewise, defendant correctly points out that at one point during the summation, the prosecutor improperly vouched for the credibility of a witness by stating, 'I tell you he's credible' [citation omitted]. While recognizing these trial errors, as well as the less than overwhelming evidence of defendant's guilt, we nevertheless find them harmless . . ."
Determination Year2006
Misconduct TypeTR: Inadmissible
TR: Inflammatory
TR: Vouching
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/200698227AD3d955_1298.xml/PEOPLE%20v.%20WALLENDER