AMICUS AI
Citation Codes
Equivalent Citations
citation codes
Are you a practicing lawyer?
Enhance your digital presence and reach by creating a Casemine profile.
Upload pleading to use the new AI search
Cites
Cited by
Citation Codes
Equivalent Citations
citation codes

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. HOMER J. CAUSER, Appellant.

Judgment unanimously affirmed. Memorandum: In affirming this judgment of conviction we deem it necessary to repeat the often reiterated admonition that a prosecutor in summation must not make himself an unsworn witness to support his case by his veracity and official position ( Berger v. United States, 295 U.S. 78, 88; People v. Lovello, 1 N.Y.2d 436, 439; People v. Castelo, 24 A.D.2d 827). The reason why such conduct is uniformly condemned is because a public prosecutor is a quasi-judicial officer representing the State and presumed to act not to obtain a conviction but impartially in the interest only of justice ( People v. Fielding, 158 N.Y. 542, 547). While the prosecutor's conduct in this case was uncalled for and improper, as he himself recognized and as evidenced by his apology, we agree with the trial court that the evidence at a post-trial hearing did not establish sufficient prejudicial effect upon the jury to warrant vacating the judgment.

Use AI to get other relevant cases.

Comments

PEOPLE v. CAUSER
(Jan 17, 1974)