Case Detail
CitationPeople v. Romero, 864 N.Y.S.2d 63 (N.Y. App. Div. 2008)
CrimeNon-violent, other
Pros. First NameCharles
Pros. Last NameHynes
Trial Year2006
BodyAppeals court
OpinionThe Supreme Court, Appellate Division, held that prosecutor's error of questioning a police witness about defendant's silence upon receiving his Miranda warnings, and of remarking about that silence at summation, was harmless. "The prosecutor erred in questioning a police witness about the defendant's silence upon receiving his Miranda warnings [citation omitted], and in remarking about that silence upon summation [citations omitted]. However, the court sustained defense counsel's objections to the questioning. Moreover, the evidence of the defendant's guilt, without reference to the questioning and remarks, was overwhelming, and there is no reasonable possibility that the error might have contributed to the defendant's conviction. Thus, the error was harmless . . . The prosecutor's improper comment in summation, accusing the defendant of an uncharged crime, was also harmless error [citations omitted]."
Determination Year2008
Misconduct TypeTR: Inadmissible
TR: Inflammatory
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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