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People v. Schwartz

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 600 (N.Y. App. Div. 1997)

Opinion

June 16, 1997

Appeal from the County Court, Orange County (Berry, J.).


Ordered that the judgment is reversed, on the law and as a matter of discretion in the interest of justice, and a new trial is ordered.

During a pretrial hearing the prosecutor acknowledged that he had given several witnesses "a deal to come in and testify * * * The deal is that we will decline prosecution" for criminal possession of stolen property, although the witnesses's testimony would indicate that they were guilty of that crime. Thereafter, at trial, the prosecutor asked each of those witnesses whether any promises had been made in exchange for their testimony, and each witness denied that he or she had received any promises.

It is well settled that the prosecutor is obligated to correct misstatements of a witness regarding the consideration given for the witness's testimony ( see, People v. Steadman, 82 N.Y.2d 1; People v. Savvides, 1 N.Y.2d 554). If such misstatements are not corrected and are in any way relevant to the case, a verdict of guilt will not be permitted to stand ( see, People v. Savvides, supra, at 557). In this case, the prosecutor did not correct the misstatements. Rather, he exacerbated them when he argued in summation that: "[t]here is no reason that you need not believe their testimony. Ask yourself what any of them stood to gain by coming to this courtroom and testifying."

Accordingly, a new trial is ordered.

The defendant's remaining contention need not be addressed in light of our determination.

Miller, J.P., Joy, Goldstein and Florio, JJ., concur.


Summaries of

People v. Schwartz

Appellate Division of the Supreme Court of New York, Second Department
Jun 16, 1997
240 A.D.2d 600 (N.Y. App. Div. 1997)
Case details for

People v. Schwartz

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. WILLIAM SCHWARTZ, Also…

Court:Appellate Division of the Supreme Court of New York, Second Department

Date published: Jun 16, 1997

Citations

240 A.D.2d 600 (N.Y. App. Div. 1997)
659 N.Y.S.2d 51

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