New Trial Ordered Because of Prosecutor's Misconduct
April 8, 2015
The defendant, one of two passengers in the backseat of a vehicle that was pulled over by the police after the driver failed to signal a turn, was convicted of criminal possession of a weapon in the second degree. Reaching the issue in the interest of justice, the Second Department held that the prosecutor had improperly acted as an unsworn witness while cross-examining the defendant and had made numerous improper arguments on summation.
The court reversed the defendant's conviction and ordered a new trial.
Bill Loeb, who now works at the Center for Appellate Litigation, briefed and argued the case.