Case Detail
CitationPeople v. Washington, 799 N.Y.S.2d 659 (N.Y. App. Div. 2005)
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2003
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's improper conduct of displaying in the courtroom four knives which had been gathered during investigation but which had not been linked to the crime at issue was not so prejudicial as to deprive the defendant of fair trial. "The knives—one steak knife and three pocket-type knives—had been gathered during the investigation, but there was no evidence linking any of them to the crime. The prosecutor nevertheless displayed the knives in the courtroom in view of the jury during part of the trial. While we agree with defendant that the prosecutor's conduct was improper, we are not persuaded that the display was so prejudicial as to deprive defendant of a fair trial. After defense counsel expressed concern about the purpose of the knives, the People stipulated on the record in the presence of the jury that the knives were tested and found not to contain any blood, the knives were not received into evidence, defendant's attorney noted in summation that the knife or instrument used in the crime was never recovered and County Court instructed the jury to base its verdict on the evidence. Under the circumstances, the prosecutor's conduct does not require reversal [citations omitted]."
Determination Year2005
Misconduct TypeTR: Inadmissible
TR: Inflammatory
TR: Mischaracterizing
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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