Case Detail
CitationPeople v. Clemmons, 847 N.Y.S.2d 720 (N.Y. App. Div. 2007)
CrimeMurder
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year2003
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that any error in the prosecutor's improper elicitation of testimony from the interrogating police officer that the defendant had refused to discuss the victim's murder was cured by the trial court's prompt instruction that jury was not to infer anything from the defendant's silence. "[W]e are not persuaded that defendant's convictions must be reversed because of the prosecutor's improper elicitation of testimony from the interrogating police officer that defendant had refused to discuss the victim's murder [citation omitted]. This error was cured by County Court's prompt instruction that the jury was not to infer anything from defendant's silence [citations omitted] and, given the strength of the evidence of defendant's guilt, it was harmless beyond a reasonable doubt [citations omitted]."
Determination Year2007
Misconduct TypeTR: Inadmissible
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/2007116346AD3d1117_1458.xml/PEOPLE%20v.%20CLEMMONS