Case Detail
CitationPeople v. Peralta, 881 N.Y.S.2d 366 (N.Y. Sup. Ct. 2009)
CrimeViolent, other
Pros. First NameUKN
Pros. Last NameUKN
Trial Year2009
BodyTrial court
Opinion"The errors committed by the prosecutor during the Grand Jury presentment in Huston included his assuming the existence of repudiated facts during his questioning of witnesses; his using inadmissible hearsay testimony to conform witnesses' accounts of the crimes being charged; vouching for certain witnesses; and his 'imparting his personal opinion regarding the proper inferences to draw from the testimony or physical evidence, asking impermissible and inflammatory questions, and conveying—both directly and indirectly—his belief in defendant's guilt' [citation omitted]. . . . The Court has inspected the Grand Jury minutes underlying [the indictment]. . . Unfortunately, many of the errors committed by the prosecutor in Huston were committed by the prosecutor in the case at bar. The Court finds that the same types of improprieties as occurred in Huston took place throughout the instant Grand Jury presentation. Accordingly, this Court concludes that dismissal of the indictment is required. "This questioning by the prosecutor obviously prejudiced the defendant. By asking the defendant these questions that he could not possibly answer, which clearly intended, in an unfair and improper manner, that he was being less than truthful, and by putting him in a position of explaining evidence that he had not seen, the prosecutor was not honoring her obligation to the defendant of fair dealing. Furthermore, she was making herself an unsworn witness and vouching for complainant's credibility by conveying to the members of the Grand Jury her belief in the complainant's story and her disbelief in the defendant's testimony, instead of carrying out her duty to have "completely impartial judgement and discretion."
Determination Year2009
Misconduct TypePT: Evidence
Pre-Trial -- Other
C/S EffectDismissal
Pros. Misc. ReportedUKN
Sanction TypeUKN
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