Case Detail
CitationPeople v. Raosto, 856 N.Y.S.2d 86 (N.Y. App. Div. 2008)
CrimeDrug crimes
Pros. First NameRobert
Pros. Last NameMorgenthau
Trial Year2005
BodyAppeals court
OpinionThe Supreme Court, Appellate Division, held that the Supreme Court Justice unduly injected himself into the trial, the prosecutor committed prejudicial errors during cross-examination, and the defendant's counsel provided ineffective assistance. "[T]he prosecutor's cross-examination of defendant contained several prejudicial errors. The prosecutor improperly impeached defendant regarding his postarrest failure to report to law enforcement his belief that he was being framed by the arresting officer [citation omitted], elicited statements by defendant that should have been disclosed pursuant to CPL 240.20(1)(a) and impeached defendant with averments by former counsel in motion papers even though these statements were not fairly attributable to defendant, either directly or by inference [citation omitted]."
Determination Year2008
Misconduct TypeTR: Inadmissible
TR: Mischaracterizing
C/S EffectNew trial
Pros. Misc. ReportedUKN
Sanction TypeUKN
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