What is the effect of an error in a prosecutor's summation in a sexual assault case?

"New York", United States of America

The following excerpt is from People v. Safian, 385 N.E.2d 1046, 413 N.Y.S.2d 118, 46 N.Y.2d 181 (N.Y. 1978):

There was, it must be conceded, an unfortunate reference in the prosecutor's summation, in effect characterizing defendants as partners and indicating that "(s)tatements made by or acts done by one partner are binding upon the other." Objection was taken and overruled by the court. The prosecutor's statement of law was, of course, erroneous, and had such statements pervaded the summation reversal might be required (see People v. Baker, 23 N.Y.2d 307, 318, 296 N.Y.S.2d 745, 750, 244 N.E.2d 232, 236). But the error was isolated, and the Trial Justice's careful instructions in his full charge vitiated any prejudice to defendant. Moreover, in light of the insurmountable case made against Safian, this one slip by the prosecutor would amount, at best, to harmless error.

Other Questions


Is there any case law in which a prosecutor has been found to have made an error or error in making an allegation of sexual assault? (MultiRegion, United States of America)
In a sexual assault case, how have the jury instructions been interpreted in the context of sexual assault cases? (MultiRegion, United States of America)
How have the Courts in Nova Scotia dealt with allegations of sexual assault, sexual assault and sexual assault against a group of alleged victims? ("New York", United States of America)
How have the courts treated evidence of sexual assault in a sexual assault case? (MultiRegion, United States of America)
Is there any error or error in the trial judge's instructions to the jury in a sexual assault case? (MultiRegion, United States of America)
What are some cases where prosecutors have been successful in appealing against the findings of a jury in a sexual assault case? (MultiRegion, United States of America)
What is the test for setting aside a conviction for sexual assault in a sexual assault case? (MultiRegion, United States of America)
What is the effect of the Connecticut Sexual Offences Act on sexual assault cases? (MultiRegion, United States of America)
What are the implications of errors made in a motion to vacate a conviction for sexual assault against a man who was found guilty of sexual assault? (MultiRegion, United States of America)
How has the federal district court applied the guidelines on sexual assault in the context of the sexual assault case? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.