Case Detail
CitationPeople v. Myers, 963 N.Y.S.2d 464 (N.Y. App. Div. 2013)
CrimeAssault
StateNY
Pros. First NameRichard
Pros. Last NameMcNally
FederalNo
Trial Year2010
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor's statements during summation did not warrant reversal. "Defendant contends that he was deprived of a fair trial by two statements made by the prosecutor during summation. In commenting upon and explaining McGivern's delay in contacting police, the prosecutor indicated in a somewhat colorful fashion that McGivern faced the same fate as the victim if he contacted police. County Court directed the prosecutor to 'tone it down' and the statement, while inartful and embellished, was otherwise a fair comment on McGivern's testimony that he did not immediately talk to police because he had to live in the neighborhood. In a second challenged summation comment, the prosecutor stated that police were all over the case and the people they interviewed all told them that defendant was involved. Counsel objected and County Court immediately instructed the jury to disregard the statement and added that there was no such evidence at trial. Although this comment by the prosecutor was improper, County Court promptly provided a curative instruction [citations omitted]. Review of the prosecutor's summation does not reveal the level or frequency of misconduct as to require reversal [citations omitted]." This case was later reversed by the New York Court of Appeals because "the admission of evidence of an uncharged crime allegedly committed by defendant for the purpose of establishing defendant's identity constituted an abuse of discretion"
Determination Year2013
Misconduct TypeTR: Inadmissible
TR: Inflammatory
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/In%20NYCO%2020130425287