Court of Appeals of New York

Order affirmed where: 1) an attorney may not make himself an unsworn witness by supporting his case by his own or anyone else's veracity and position; 2) the prosecutor's vouching remarks in summation may not be excused as fair response to defense provocation; 3) the remarks were prejudicial to defendant; and 4) the trial court's limiting instruction failed to eliminate the prejudicial effect.

Appellate Information

• Decided 02/19/2009
• Published 02/19/2009

Judges

Court

• Court of Appeals of New York

Counsel