People v. Moye
| Decision Date | 19 February 2009 |
| Docket Number | No. 24,24 |
| Citation | 907 N.E.2d 267,12 N.Y.3d 743 |
| Parties | The PEOPLE of the State of New York, Appellant, v. Ronald MOYE, Respondent. |
| Court | New York Court of Appeals Court of Appeals |
The order of the Appellate Division should be affirmed.
An attorney may not "mak[e] himself an unsworn witness" by "supporting his case by his own" or anyone else's "veracity and position" (People v. Lovello, 1 N.Y.2d 436, 439, 154 N.Y.S.2d 8, 136 N.E.2d 483 [1956]). While we do not fault the prosecutor for remarks made at sidebar, in his summation he concededly became an unsworn witness by "vouch[ing] for the witness with the most favorable testimony for the prosecution by reference to his own pretrial conduct and ... credibility by virtue of his position in the District Attorney's office" (People v. Moye, 52 A.D.3d 1, 8, 857 N.Y.S.2d 126 [1st Dept. 2008]). We agree with the majority below that the prosecutor's vouching remarks in summation may not be excused as fair response to defense provocation. Further, they were prejudicial to defendant, and, in this case, the trial court's limiting instruction failed to eliminate the prejudicial effect.
Order affirmed in a memorandum.
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...impermissibly vouched for the credibility of a witness based on his position as a law enforcement officer ( see People v. Moye, 12 N.Y.3d 743, 744, 879 N.Y.S.2d 354, 907 N.E.2d 267; People v. Anderson, 83 A.D.3d at 856, 921 N.Y.S.2d 156; People v. Collins, 12 A.D.3d 33, 37, 784 N.Y.S.2d 489......
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...when she made herself an unsworn witness and injected the integrity of the District Attorney's office into the case ( see People v. Moye, 12 N.Y.3d 743, 744, 879 N.Y.S.2d 354, 907 N.E.2d 267;People v. Clark, 195 A.D.2d 988, 990, 600 N.Y.S.2d 553). With respect to a chief prosecution witness......
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...or credible for speciied reasons. If you have injected yourself into closing argument, apologize immediately. CASES People v. Moye , 12 N.Y.3d 743, 879 N.Y.S.2d 354 (2009), af ’g 52 A.D.3d 1, 857 N.Y.S.2d 126. In prosecution for criminal possession of a controlled substance in the third d......
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Summation
...or credible for speciied reasons. If you have injected yourself into closing argument, apologize immediately. CASES People v. Moye , 12 N.Y.3d 743, 879 N.Y.S.2d 354 (2009), af ’g 52 A.D.3d 1, 857 N.Y.S.2d 126. In prosecution for criminal possession of a controlled substance in the third d......
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Summation
...or credible for specified reasons. If you have injected yourself into closing argument, apologize immediately. CASES People v. Moye , 12 N.Y.3d 743, 879 N.Y.S.2d 354 (2009), aff ’g, 52 A.D.3d 1, 857 N.Y.S.2d 126 (1st Dept. 2008). In prosecution for criminal possession of a controlled subs......
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Summation
...which is, in effect, testifying; nor should he have asserted a personal opinion concerning the credibility of a witness. People v. Moye , 12 N.Y.3d 743, 879 N.Y.S.2d 354 (2009), aff’g 52 A.D.3d 1, 857 N.Y.S.2d 126. In prosecution for criminal possession of a controlled substance in the thir......