Does a prosecutor's summation comment at a sexual assault trial amount to vouching for the victim's credibility and prosecutorial misconduct?

"New York", United States of America

The following excerpt is from People v. Nicholson, 26 N.Y.3d 813, 28 N.Y.S.3d 663, 48 N.E.3d 944 (N.Y. 2016):

Defendant next complains that counsel failed to object to the prosecutor's summation comments which he contends amounted to vouching for the victim's credibility and prosecutorial misconduct. We reject this claim because although the comments were arguably inappropriate, they were not sufficiently egregious to warrant reversal for ineffectiveness (see People v. Wragg, 26 N.Y.3d 403, 411412, 23 N.Y.S.3d 600, 44 N.E.3d 898 [2015] [summarizing cases where the prosecutor committed reversible error during summation by "making misleading representations about physical evidence, encouraging inferences of guilt based on facts not in evidence, and improperly conveying guilt in uncharged crimes"] ).

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