People v. Moye

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”…