United States Second Circuit

Where prosecutor mischaracterized defense argument in remarks calculated to inflame the jury, no retrial was justified because: (1) proceeding was otherwise fair; (2) defense summation included comments that could fairly have provoked the prosecutor-s comment; (3) steps were taken to mitigate any impact of the remarks; and (4) conviction was certain even in the absence of the claimed misconduct.

Appellate Information

• Decided 03/25/2002
• Published 03/26/2002

Judges

• JACOBS, Circuit Judge., Before:  JACOBS, SACK, KATZMANN, Circuit Judges.

Court

• United States Second Circuit

Counsel

• For Appellant:
  
• Colleen P. Cassidy, The Legal Aid Society, Federal Defender Division, New York, NY, for Appellant.


• For Appellees:
  
• Susan Corkery, Assistant United States Attorney for the Eastern District of New York, New York, NY (Alan Vinegrad, United States Attorney, and Peter A. Norling, Assistant United States Attorney, on the brief), for Appellee.