Case Detail
CitationPeople v. Thibeault, 900 N.Y.S.2d 501 (N.Y. App. Div. 2010)
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2009
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's improper references during voir dire to the defendant's right not to testify at trial was not reversible error. "[I]t was inappropriate for the prosecutor to make any reference during the voir dire to defendant's right not to testify at trial. These comments were clearly ill-advised and should not have been made. However, County Court reacted appropriately by immediately instructing prospective jurors that they should not draw an adverse inference against defendant should he exercise his constitutional right to elect not to testify. It repeated this instruction throughout the voir dire and reiterated it in its final charge to the jury given prior to it commencing its deliberations. As such, we find that these statements made by the prosecutor did not serve to deprive defendant of a fair trial [citations omitted]."
Determination Year2010
Misconduct TypeTR: Inadmissible
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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