Case Detail
CitationPeople v. Johnson, 786 N.Y.S.2d 641 (N.Y. App. Div. 2004)
CrimeNon-violent, other
Pros. First NamePaul
Pros. Last NameClyne
Trial Year2003
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that error in permitting the prosecutor to ask the defendant, during cross-examination, to explain the testimony of the prosecution's witnesses was harmless. "Although we agree that the prosecutor improperly asked defendant during cross-examination to explain the testimony of the People's witnesses [citations omitted], such error was harmless in view of the overwhelming proof of defendant's guilt and the charge to the jury regarding the credibility of witnesses and burden of proof [citations omitted]. Likewise, the prosecutor's description of defendant as a convicted felon during summation is improper since it is an attempt to convey to the jury defendant's guilt of other crimes not presently in issue [citations omitted]. Given defendant's objection thereto and Supreme Court's prompt curative instruction with respect to this issue, however, there is no showing that the jury was in any way prejudiced [citation omitted]."
Determination Year2004
Misconduct TypeTR: Inadmissible
TR: Inflammatory
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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