NYS Advisory Committee on Judicial Ethics — Prosecutorial Misconduct: Opinion 11-116
By Daily Record Staff
POSTED: May 22, 2013
Tags: NYS Advisory Committee on Judicial Ethics, prosecutorial misconduct
NYS Advisory Committee on Judicial Ethics Prosecutorial Misconduct Disclosure Opinion 11-116 Background: Two town justices asked whether they may recommend to the town board that it not re-appoint the town prosecutor. In the alternative, they asked whether they may present facts to the town board regarding the poor performance of the town prosecutor. The judges [...]
Fourth Department — Prosecutorial Misconduct: People v. Bounds
By Daily Record Staff
POSTED: December 21, 2012
Tags: Appellate Division, Fourth Department, prosecutorial misconduct
Appellate Division, Fourth Department Prosecutorial Misconduct Interference with Defense People v. Bounds KA 08-01429 Appealed from Monroe County Court Background: The defendant was convicted of intimidating a witness or victim. On appeal, he contended that he was deprived of a fair trial by prosecutorial misconduct, as the prosecutor arranged for the arrest of a woman [...]
Second Circuit — Prosecutorial Misconduct: United States v. Williams
By Daily Record Staff
POSTED: July 18, 2012
Tags: prosecutorial misconduct, u.s. court of appeals for the second circuit
U.S. Court of Appeals for the Second Circuit Prosecutorial Misconduct Summation United States v. Williams 11-676-cr Judges Sack, Livingston and Lynch Background: The defendant appealed from a judgment of conviction following a trial for the unlawful possession of a firearm. The defendant argued that statements made by the prosecution during its summation and rebuttal summation deprived [...]
Fourth Department — Prosecutorial Misconduct: People v. Huntsman
By Daily Record Staff
POSTED: June 19, 2012
Tags: Appellate Division, Fourth Department, prosecutorial misconduct
Appellate Division, Fourth Department Prosecutorial Misconduct Preservation of Error People v. Huntsman KA 08-02239 Appeal from Ontario County Court Background: The defendant was convicted of 10 crimes after jury trial. On appeal, he contended that the trial prosecutor’s misconduct required that the convictions be reversed, even though defense counsel failed to object. Ruling: Judgment was [...]
Ontario ADA admonished for misconduct 
By Denise Champagne
POSTED: June 12, 2012
Tags: Assistant District Attorney, Ontario County, prosecutorial misconduct
An Ontario County prosecutor is being warned about prosecutorial misconduct in a decision issued Friday by the Appellate Division, Fourth Department. The court, in People v. Huntsman (2012 NY Slip Op 04476), noted it is not the first time it has cited Assistant District Attorney Jeffrey L. Taylor for prosecutorial misconduct. “This court has repeatedly [...]
Fourth Department — Prosecutorial Misconduct: People v. Brown
By Daily Record Staff
POSTED: May 10, 2012
Tags: Appellate Division, Fourth Department, prosecutorial misconduct
Appellate Division, Fourth Department Prosecutorial Misconduct Preservation of Error People v. Brown KA 08-01685 Appealed from Monroe County Court Background: The defendant was convicted after jury trial of first-degree criminal contempt and second-degree harassment. He argued on appeal that prosecutorial misconduct deprived him of a fair trial. Ruling: Conviction is affirmed. Defense counsel at trial either [...]
Court of Appeals — Prosecutorial Misconduct: People v. Fisher
By Daily Record Staff
POSTED: May 7, 2012
Tags: New York State Court of Appeals, prosecutorial misconduct
New York State Court of Appeals Prosecutorial Misconduct Objections — Ineffective Assistance of Counsel People v. Fisher No. 56 Memorandum Background: The defendant was convicted of various sex offenses and sentenced to 20 years’ imprisonment based upon the testimony of the victims. The evidence was, in the light most favorable to the people, far from [...]
Subpoena: People v. Wildrick
By Daily Record Staff
POSTED: April 4, 2011
Tags: Appellate Division, Fourth Department, prosecutorial misconduct, subpoena
Appellate Division, Fourth Department Subpoena Prosecutorial Misconduct People v. Wildrick KA 10-02011 Appealed from Ontario County Court Background: Three issues were discussed in an appeal from a sex offense prosecution in which a judge dissented in part. The first ussue was the statute of limitations for a charge of Endangering the Welfare of a [...]
Prosecutorial Misconduct: U.S. v. Gomez
By Daily Record Staff
POSTED: August 5, 2010
Tags: maintenance of false legal argument, prosecutorial misconduct, Second Circuit
U.S. Court of Appeals, Second Circuit Prosecutorial Misconduct Maintenance of False Legal Argument U.S. v. Gomez 08-3829-cr Appealed from the Southern District of New York Background: Ellis Williams Gomez appeals from a judgment of conviction for conspiracy to distribute and to possess with intent to distribute Methylenedioxy-methamphetamine. Detective Michael Ryan, who interviewed Gomez’s co-conspirator, Fred [...]
Murder conviction vacated, retrial barred
By The Associated Press
POSTED: June 9, 2010
Tags: Murder conviction, prosecutorial misconduct
NEW YORK CITY — A federal judge has thrown out the murder conviction of a New York City man imprisoned for 16 years and barred prosecutors from retrying him. Eastern District of New York Judge Dora Irizarry …
Prosecutorial Misconduct: People v. Rivera
By Daily Record Staff
POSTED: February 23, 2010
Tags: Appellate Division, Fourth Department, prosecutorial misconduct, restitution
Appellate Division, Fourth Department Prosecutorial Misconduct Restitution People v. Rivera KA 08-02137 Appealed from Jefferson County Court Background: The defendant appealed his conviction of second-degree arson, contending he was denied a fair trial. The prosecutor failed to correct a witness who stated he had not been offered a benefit for his testimony, compounding that on summation [...]
