Case Detail
CitationPeople v. Smith, 195 A.D.2d 951, 600 N.Y.S.2d 857 (N.Y. App. Div. 1993)
CrimeViolent, other
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial YearUKN
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that prosecutorial misconduct did not deprive the defendant of a fair trial. "Although the prosecutor's attempt to avoid a stipulation regarding blood stains found on defendant's shirt constitutes misconduct, the prompt response and curative instruction by the trial court dispelled any potential prejudice [citations omitted].. We further conclude that the jury would have reached the same result if the conduct had not occurred [citations omitted]."
Determination Year1993
Misconduct TypePT: Evidence
TR: Other
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/19931146195AD2d951_2586