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Fourth Department — Evidence: People v. Williams

Appellate Division, Fourth Department


Prosecutorial Misconduct

People v. Williams
KA 11-01832
Appealed from Erie County Court

Background: The defendant was convicted after trial of two counts of second-degree criminal possession of a weapon and other crimes. On appeal, he contended that his convictions were not supported by legally sufficient evidence, and that he was denied a fair trial by prosecutorial misconduct.

Ruling: Judgment is affirmed. The defendant failed to preserve either issue for review, and in any event, both contentions are without merit. Regarding sufficiency of the evidence, the police testified that defendant was ordered to drop his weapon and refused to comply, and that defendant pointed or waved the gun at the officers as they pursued him.
While the prosecutor improperly cross-examined a defense witness regarding a previous arrest, the misconduct was not so egregious to deprive defendant of a fair trial.

Susan C. Ministero for the defendant; Liam A. Dwyer for Eric County District Attorney’s Office

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