Case Detail
CitationPeople. v. Dean, 856 N.Y.S.2d 649 (N.Y. App. Div. 2008)
CrimeSex crimes
StateNY
Pros. First NameKathleen
Pros. Last NameRice
FederalNo
Trial Year2006
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the defendant was denied meaningful representation of counsel in part due to failing to object to clear instances of prosecutor misconduct. "During her opening statement, the prosecutor improperly advised the jury that the father was awarded exclusive custody of the children in a separate proceeding in the Family Court. Notwithstanding the lower standard of proof in the custody proceeding, the lack of the identity of issues, and the absence of the same rights of confrontation [citations omitted], defense counsel inexplicably failed to object to the prosecutor's statement, request a curative instruction, and move for a mistrial [citations omitted]. To the contrary, defense counsel compounded the error in his own opening statement by conceding that the determination was within the Family Court's 'prerogative,' thereby lending credibility to its determination. . . . Defense counsel's deficient representation with respect to the opening statements was further exacerbated by his failure to object to certain unduly prejudicial testimony [citation omitted] during the direct examination of the Family Court Judge who had presided over the custody proceeding."
Determination Year2008
Misconduct TypeTR: Inadmissible
TR: Inflammatory
C/S EffectReversal of conviction
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/2008110250AD3d1052_1405