Case Detail
CitationPeople v. Fields, 891 N.Y.S.2d 706 (N.Y. App. Div. 2009)
CrimeNon-violent, other
StateNY
Pros. First NameP. David
Pros. Last NameSoares
FederalNo
Trial Year2008
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's improper remarks during jury selection were harmless error. "The prosecutor's remarks here should not have been made and properly drew warnings from County Court because they suggested that defendant had acted unreasonably and not been an innocent victim. The comments, however, were brief, made during jury selection when the prospective jurors had been told little more than that defendant had struck the victims and, in view of County Court's prompt intervention and curative instructions concerning the burden of proof, they cannot be said to be flagrant and pervasive or seen as having shifted the burden of proof [citations omitted]. In any event, the error was harmless because the comments related only to the assault charges and the jury acquitted defendant of those charges [citations omitted]."
Determination Year2009
Misconduct TypeTR: Inadmissible
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020091231504