Case Detail
CitationPeople v. Simon, 954 N.Y.S.2d 899 (N.Y. App. Div. 2012)
CrimeAssault
StateNY
Pros. First NameThomas
Pros. Last NameSpota
FederalNo
Trial Year2009
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that "[a]lthough the prosecutor improperly elicited testimony which constituted inadmissible hearsay, the grand jury proceeding did not fail to conform to the requirements of CPL article 190 to such a degree that the integrity thereof was impaired and, in view of the sufficiency of the independent, admissible proof which supported the indictment, no prejudice to the defendant could have resulted from the improperly elicited testimony [citations omitted]."
Determination Year2012
Misconduct TypePT: Evidence
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020121212486