Case Detail
CitationPeople v. Fonder, 211 A.D.2d 445, 621 N.Y.S.2d 54 (N.Y. App. Div. 1995)
CrimeDrug crimes
StateNY
Pros. First NameJ.J.
Pros. Last NameDawson
FederalNo
Trial Year1993
BodyAppeals court
OpinionThe New York Supreme Court, Appellate Division, held that the defendant was not deprived of a fair trial by prosecutorial misconduct during summation. "There is no evidence that the prosecutor's misstatement of defendant's monthly income was made in bad faith, and the court's instructions, noting the prosecutor's reference to defendant's 'weekly or monthly income' and advising the jury that its recollection of the evidence controlled, alleviated any prejudice [citations omitted]. Similarly, prejudice caused by the prosecutor's comment that the only issue was whether the jury believed defendant or the police officers was alleviated by the court's instruction that the People had the burden of proof, which the prosecutor reiterated, and the court's subsequent sustaining of defendant's objection to the comment and additional corrective instruction given after defense counsel moved for a mistrial."
Determination Year1995
Misconduct TypeTR: Mischaracterizing
TR: Misstating
C/S EffectNo effect
Pros. Misc. ReportedUKN
SanctionsUKN
Sanction TypeUKN
Web linkhttp://www.leagle.com/decision/1995656211AD2d445_2543