Thank you for sharing!

Your article was successfully shared with the contacts you provided.

Michael HoenigMichael Hoenig ()

On Dec. 28, 2016, the New York Appellate Division, Second Department, issued its pithy, pungent decision in People v. Brisco,1 reversing a criminal conviction for improprieties during the prosecutor’s summation. The opinion bristles against the cumulative effect of inflammatory comments such as: directly attacking defense counsel’s role and his integrity; raising a hypothetical that bore no relation to the evidence in the case and then suggesting what defense counsel would have argued with respect to that irrelevant hypothetical; improperly referencing facts not in evidence in order to call for speculation by the jury; misstating critical testimony by a defense witness, alleging that certain facts were “undisputed” when in fact they were disputed; improperly appealing to the jury’s sympathy and generalized fear of crime by asserting defendant possessed a loaded gun and, because police officers in the area “did their jobs,” fortunately, nothing happened; and advising the jury, “now it’s your turn to uphold your oaths as jurors and do your jobs” by finding the defendant guilty (a so-called “safe streets” argument considered inflammatory and disapproved by the courts); plus other remarks.

This content has been archived. It is available exclusively through our partner LexisNexis®.

To view this content, please continue to Lexis Advance®.

Not a Lexis Advance® Subscriber? Subscribe Now

Why am I seeing this?

LexisNexis® is now the exclusive third party online distributor of the broad collection of current and archived versions of ALM's legal news publications. LexisNexis® customers will be able to access and use ALM's content by subscribing to the LexisNexis® services via Lexis Advance®. This includes content from the National Law Journal®, The American Lawyer®, Law Technology News®, The New York Law Journal® and Corporate Counsel®, as well as ALM's other newspapers, directories, legal treatises, published and unpublished court opinions, and other sources of legal information.

ALM's content plays a significant role in your work and research, and now through this alliance LexisNexis® will bring you access to an even more comprehensive collection of legal content.

For questions call 1-877-256-2472 or contact us at customercare@alm.com

Dig Deeper


ALM Legal Publication Newsletters

Sign Up Today and Never Miss Another Story.

As part of your digital membership, you can sign up for an unlimited number of a wide range of complimentary newsletters. Visit your My Account page to make your selections. Get the timely legal news and critical analysis you cannot afford to miss. Tailored just for you. In your inbox. Every day.

Copyright © 2019 ALM Media Properties, LLC. All Rights Reserved.