Notable Decisions and Other News

Decisions

Second Department Reverses Murder Conviction

07/06/16

Derrick Redd was convicted of second-degree murder and other crimes after his pregnant girlfriend was stabbed to death.  In the prosecutor's opening statement, he made remarks about prejudicial and irrelevant evidence, insinuated that Mr. Redd “was a person of bad character,” and engaged in unfounded, prejudicial speculation regarding the cause of three cuts on Mr. Redd’s hand.  In summation, the prosecutor misstated the medical evidence, read from stricken testimony, and made a number of other highly prejudicial comments.  

Citing these and other improprieties, the Appellate Division, Second Department reversed the conviction because of “pervasive prosecutorial misconduct” and ordered a new trial.  In addition, the court “further note[d]” that the trial court had erred in permitting a significant amount of irrelevant and prejudicial testimony to be elicited.  

William Kastin briefed and argued the case on behalf of Appellate Advocates.