Case Detail
CitationPeople v. Dalton, 811 N.Y.S.2d 153 (N.Y. App. Div. 2006)
CrimeSex crimes
Pros. First NameJoseph
Pros. Last NameMcBride
Trial Year2004
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the counts of the indictment were duplicitous, dismissing some of the charges against the defendant. "[I]t is impossible to verify that each member of the jury convicted defendant for the same criminal act, rather than any one of 500 separate sexual acts, rendering several of the counts duplicitous . . ." The Court also held that prosecutor misconduct was harmless. "While the prosecutor improperly impeached the husband with statements he made to the prosecutor and an investigator during trial preparation, such error is harmless because the statements were substantively the same as the husband's signed written statement and allocution, which were properly used [citations omitted]."
Determination Year2006
Misconduct TypePT: Charging
TR: Inadmissible
C/S EffectPartial dismissal
Pros. Misc. ReportedUKN
Sanction TypeUKN
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