People v. Moye
Cases that cite this one
25 later published cases cite this decision.
- GRIFFIN, DARRELL J., PEOPLE v (Appellate Division of the Supreme Court of New York 2015)
- People v. Griffin (Appellate Division of the Supreme Court of New York 2015)
- People v. Griffin (Appellate Division of the Supreme Court of New York 2015)
- Stone v. Johnson (District Court, E.D. New York 2024)
- McManus v. Vann (District Court, E.D. New York 2019)
- People v. Redd (Appellate Division of the Supreme Court of New York 2016)
- REDFIELD, TERRENCE, PEOPLE v (Appellate Division of the Supreme Court of New York 2016)
- People v. Daniels (Appellate Division of the Supreme Court of New York 2016)
- People v. Wlasiuk (Appellate Division of the Supreme Court of New York 2016)
- People v. Wlasiuk (Appellate Division of the Supreme Court of New York 2016)
- People v. Redfield (Appellate Division of the Supreme Court of New York 2016)
- People v. Redfield (Appellate Division of the Supreme Court of New York 2016)
- WALKER, JEREL, PEOPLE v (Appellate Division of the Supreme Court of New York 2014)
- People v. Walker (Appellate Division of the Supreme Court of New York 2014)
- People v. Walker (Appellate Division of the Supreme Court of New York 2014)
- MORGAN, RICHARD, PEOPLE v (Appellate Division of the Supreme Court of New York 2013)
- People v. Morgan (Appellate Division of the Supreme Court of New York 2013)
- People v. Morgan (Appellate Division of the Supreme Court of New York 2013)
- People v. Mehmood (Appellate Division of the Supreme Court of New York 2013)
- People v. Mehmood (Appellate Division of the Supreme Court of New York 2013)
- People v. Heesh (Appellate Division of the Supreme Court of New York 2012)
- PRESHA, JR., LAWRENCE, PEOPLE v (Appellate Division of the Supreme Court of New York 2011)
- People v. Anderson (Appellate Division of the Supreme Court of New York 2011)
- People v. Presha (Appellate Division of the Supreme Court of New York 2011)
- People v. Ringer (Appellate Division of the Supreme Court of New York 2011)
This list shows which later cases cite this one. It does not say how they treated it, and no review of that has been done. Not a substitute for Shepard’s or KeyCite — verify before relying.
Opinion
OPINION OF THE COURT
Memorandum.
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 NY2d 436, 439 [1956]). While we do not fault the prosecutor for remarks made at sidebar, in his summation he concededly became an unsworn witness by “vouching] 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 AD3d 1, 8 [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.
Judges Ciparick, Graffeo, Read, Smith, Pigott and Jones concur; Chief Judge Lippman taking no part.
Order affirmed in a memorandum.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.