People v. Wright, 54 N.Y.2d 821 (1981)
A prosecutor’s summation that exceeds the bounds of proper argument, especially when implying threats or danger to a witness without factual basis, warrants curative instructions, and failure to provide such instructions constitutes reversible error.
Summary
The Court of Appeals reversed the Appellate Division’s order and mandated a new trial because the prosecutor, during summation, made improper remarks implying the victim would be “suicidal or foolish” to misidentify the defendant, suggesting potential harm without any supporting evidence. While the defendant’s objection was sustained, the trial court’s refusal to provide curative instructions to the jury to disregard the prosecutor’s unfounded comments was deemed reversible error. The Court also addressed the admissibility of a statement made by the defendant, finding sufficient evidence to connect the defendant to the statement for jury consideration.
Facts
The victim of a robbery identified the defendant as the perpetrator. During summation, the defense counsel argued that the victim may have been influenced by the police to misidentify the defendant. In response, the prosecutor stated the victim would be “suicidal or foolish” to misidentify the defendant, repeating this sentiment twice. No evidence suggested the defendant or associates had threatened the victim. The defense objected to the prosecutor’s remarks, which was sustained, but the court denied the request for curative instructions.
Procedural History
The defendant was convicted at trial. The defendant appealed, arguing that the prosecutor’s summation was improper and prejudicial and that the trial court erred by not giving curative instructions after sustaining the objection to the summation. The Appellate Division affirmed the conviction. The defendant appealed to the New York Court of Appeals.
Issue(s)
1. Whether the prosecutor’s remarks during summation, implying potential danger to the victim if they misidentified the defendant, exceeded the bounds of proper argument and prejudiced the defendant.
2. Whether the trial court’s refusal to provide curative instructions to the jury after sustaining an objection to the prosecutor’s improper remarks constituted reversible error.
Holding
1. Yes, because the prosecutor’s remarks lacked an evidentiary basis and implied a threat to the witness, exceeding the bounds of proper summation.
2. Yes, because the defendant was entitled to have the jury instructed that the prosecutor’s remarks were unfounded, and improper, and should be disregarded. The court’s refusal to grant the defendant’s request for curative instructions constituted reversible error.
Court’s Reasoning
The Court of Appeals found that the prosecutor’s remarks suggesting the victim would be “suicidal or foolish” to misidentify the defendant were improper because they implied a threat or potential harm without any evidence to support such an inference. The Court noted that while a strong response to defense counsel’s argument was permissible, the prosecutor crossed the line by introducing the unsupported notion of danger to the witness. The Court emphasized the importance of curative instructions in mitigating the prejudicial effect of improper remarks, stating that the defendant was entitled to have the jury instructed that the prosecutor’s remarks were unfounded, improper, and should be disregarded. Citing People v. Ashwal, 39 NY2d 105, the Court held that the denial of such curative instructions constituted reversible error. The Court also addressed the admissibility of the defendant’s statement, distinguishing it from People v. Smith, 52 NY2d 802, by noting that there was sufficient evidence to connect the defendant with the statement, thus justifying its submission to the jury for consideration.