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Home / Case Digests / Appellate Division, Fourth Dept. / Fourth Department — Prosecutorial Misconduct: People v. Huntsman

Fourth Department — Prosecutorial Misconduct: People v. Huntsman

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 modified by reducing two convictions, to be returned for resentencing. The Appellate Division noted the trial prosecutor by name, observing that while he had been repeatedly admonished for varying acts of misconduct, it has continued. Yet, the court found that his conduct did not jeopardize the fairness of this trial. 
A conviction for grand larceny and two convictions for criminal contempt were reduced because the proof of value of the property in question was insufficient. The Appellate Division also found cell phone records lacked a foundation and therefore were improperly introduced, but the error was harmless.

William G. Pixley for defendant; Jeffrey L. Taylor for Ontario County District Attorney