Case Detail
CitationPeople v. Carney, 973 N.Y.S.2d 440 (N.Y. App. Div. 2013)
CrimeNon-violent, other
Pros. First NameD. Holley
Pros. Last NameCarnright
Trial Year2011
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's actions in vouching for the People's witnesses and asserting her own beliefs during summation did not compromise the defendant's right to a fair trial. "Defendant's assertion that the prosecutor improperly vouched for the People's witnesses and asserted her own personal beliefs during summation, and that the prejudicial effect of these remarks requires reversal, is similarly unavailing. . . The remaining two challenged remarks, while improper, were met with sustained objections, thereby limiting any resulting prejudice, and no curative instructions were requested [citations omitted]. Further, the jury was subsequently directed to disregard any comment made during summation to which an objection was sustained and was twice instructed that counsel's remarks during summation did not constitute evidence [citations omitted]. In light of these circumstances and considering the overwhelming evidence of guilt, defendant's right to a fair trial was not compromised."
Determination Year2013
Misconduct TypeTR: Inadmissible
TR: Vouching
C/S EffectNo effect
Pros. Misc. ReportedUKN
Sanction TypeUKN
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