Case Detail
CitationPeople v. Brown, 195 A.D.2d 474, 600 N.Y.S.2d 116 (N.Y. App. Div. 1993)
CrimeDrug crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year1991
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the prosecutor violated the trial court's Sandoval ruling concerning the defendant's prior convictions, but prosecutorial misconduct was harmless error. "We agree with the defendant's contention that the prosecutor violated the court's Sandoval ruling. Prior to trial, the court ruled that the defendant could be asked about his 10 misdemeanor convictions but not about the underlying facts thereof. In addition, the court held that the prosecutor could ask the defendant whether he had been convicted of two felonies, but could not inquire into the nature of those crimes, the second of which involved a controlled substance. However, the prosecutor exceeded the bounds of the court's ruling by asking the defendant several times whether he had ever sold drugs before and then specifically asking him about the nature of the second felony. Such conduct by the prosecutor was clearly improper and cannot be countenanced. Nevertheless, in light of the overwhelming evidence of guilt, we find that the prosecutorial misconduct constituted harmless error . . ."
Determination Year1993
Misconduct TypeTR: Inadmissible
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkN/A