Case Detail
CitationPeople v. Christopher, 170 A.D.2d 1020, 566 N.Y.S.2d 167 (N.Y. App. Div. 1991)
CrimeMurder
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial YearUKN
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that any prejudice from prosecutorial misconduct was obviated by the trial judge's control over the trial. "The Trial Assistant, whose misconduct has resulted in at least one reversal of a murder conviction by this Court [citation omitted], consistently referred to matters not in evidence, made himself an unsworn witness, flouted rulings by the trial court on evidentiary matters, and made flippant remarks which detracted from the seriousness of the proceedings. However, upon our review of the record, we conclude that the Trial Judge was 'a saving grace' [citation omitted]. he sustained defense objections, gave curative instructions to the jury, and on several occasions sharply rebuked the Prosecutor [citation omitted]. although we cannot condone the Trial Assistant's behavior, we find that the Judge's firm control over the trial obviated any prejudice to defendant that might have resulted from the Prosecutor's misconduct."
Determination Year1991
Misconduct TypeTR: Inadmissible
TR: Inflammatory
TR: Vouching
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
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