Case Detail
CitationPeople v. Page, 964 N.Y.S.2d 339 (N.Y. App. Div. 2013)
Pros. First NameFrank
Pros. Last NameSedita
Trial Year2007
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's improper comments on summation did not deprive the defendant of a fair trial. "Although we agree with defendant that the prosecutor on summation improperly suggested that defendant had the burden of proof, we conclude that the prosecutor's 'improper comment[s were] not so egregious that defendant was thereby deprived of a fair trial' [citations omitted]. We note in particular that the court sustained defendant's objections to the improper comments and instructed the jury to disregard them, and the jury is presumed to have followed the court's instructions [citations omitted]. Moreover, 'the court clearly and unequivocally instructed the jury that the burden of proof on all issues remained with the prosecution' [citations omitted]. Defendant concedes that his remaining contentions concerning prosecutorial misconduct during summation are not preserved for our review [citations omitted]. In any event, ‘[t]he [remaining] challenged remarks generally constituted fair comment on the evidence and [the] reasonable inferences to be drawn therefrom, and ... were responsive to defense arguments' [citations omitted]."
Determination Year2013
Misconduct TypeTR: Misstating
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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