Case Detail
CitationPeople v. Dombrowski-Bove, 753 N.Y.S.2d 259 (N.Y. App. Div. 2002)
CrimeMurder
StateNY
Pros. First NameFrank
Pros. Last NameClark
FederalNo
Trial Year2000
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's improper shifting of burden of proof was harmless error. "We agree with defendant that the prosecutor impermissibly shifted the burden of proof by suggesting that defendant could have the blood sample tested by her own expert [citations omitted]. Nevertheless, we conclude that defendant was not deprived of a fair trial by that isolated incident of misconduct [citations omitted]."
Determination Year2002
Misconduct TypeTR: Inadmissible
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://leagle.com/decision/20021422300AD2d1122_1340.xml/PEOPLE%20v.%20DOMBROWSKI-BOVE