Case Detail
CitationPeople v. Adames, 83 N.Y.2d 89, 629 N.E.2d 391 (N.Y. App. Div. 1993)
CrimeDrug crimes
StateNY
Pros. First NameUKN
Pros. Last NameUKN
FederalNo
Trial Year1989
BodyTrial court
OpinionAfter a mistrial was granted by the New York Supreme Court, New York County, due to prosecutor misconduct, the New York Court of Appeals held that the defendant's retrial was not barred on double jeopardy grounds. "During summation, the prosecutor stated on three occasions that the facts were 'uncontroverted.' The Trial Judge sustained an objection to the word 'uncontroverted,' stating that '[i]t is not a good word to use' because it '[g]ives rise to an implication that is improper.' . . . After the jury rendered its verdict of guilt against both defendants, the Trial Judge acted. The court vacated the verdict because of the persistent prosecutorial misconduct in the cross-examination of the codefendant relating to postarrest silence and the prosecutor's use of the word 'uncontroverted' in summation. . . . The vacatur that occurred here is more analogous to a reversal on appeal for relatively ordinary trial error. In such instances, the double jeopardy bar to retrial should not attach and the correct and proportionate remedy should allow for retrial."
Determination Year1989
Misconduct TypeTR: Inadmissible
TR: Misstating
C/S EffectNew trial
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttps://www.law.cornell.edu/nyctap/I93_0276.htm