Case Detail
CitationPeople v. Smalls, 953 N.Y.S.2d 791 (N.Y. App. Div. 2012)
CrimeViolent, other
StateNY
Pros. First NameSandra
Pros. Last NameDoorley
FederalNo
Trial Year2008
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that error in allowing the prosecution to present testimony of a police officer that bolstered the complainant's identification testimony was harmless, and the prosecutor's single improper comment shifting the burden of proof to the defendant was not so egregious that the defendant was thereby deprived of a fair trial. "We agree with defendant . . . that Supreme Court erred in allowing the People to present the testimony of a police officer that bolstered the complainant's identification testimony, because such testimony 'provid[ed] official confirmation of the complainant's identification of the defendant' [citations omitted]. We further conclude, however, that the error is harmless [citations omitted]. . . . Although we agree with the further contention of defendant . . . that the prosecutor improperly shifted the burden of proof to him based on a comment on summation, we conclude that the prosecutor's 'single improper comment was not so egregious that defendant was thereby deprived of a fair trial' [citations omitted]."
Determination Year2012
Misconduct TypeTR: Inadmissible
TR: Misstating
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020130221285.xml/PEOPLE%20v.%20SMALLS