Case Detail
CitationPeople v. Martina, 852 N.Y.S.2d 527 (N.Y. App. Div. 2008)
CrimeSex crimes
StateNY
Pros. First NameFrank
Pros. Last NameClark
FederalNo
Trial Year2005
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's improper comments during summation that vouched for the credibility of the victim and denigrated the defense were not so egregious as to deprive the defendant of his right to a fair trial. "We note our disapproval of the prosecutor's comments during summation that vouched for the credibility of the victim and denigrated the defense [citation omitted]. We conclude, however, that those comments and others challenged by defendant were 'not so egregious as to deprive defendant of his right to a fair trial,' when viewed in the totality of the circumstances of this case [citations omitted]."
Determination Year2008
Misconduct TypeTR: Impugning
TR: Vouching
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://scholar.google.com/scholar_case?case=9245199684944448309&hl=en&as_sdt=6&as_vis=1&oi=scholarr