Legal Opinion · Dissent

People v. Santiago

New York Court of Appeals

Decided February 25, 2014Published

1DissentRivera, J.

Defense counsel’s failure to object to the prosecutor’s use during summation of a PowerPoint presentation that manipulated the evidence, and was designed to inflame the passion of the jury in order to engender prejudice against the defendant, constitutes an error of the type that so tainted the jury’s deliberative process as to deny defendant a fair trial. Given the egregious nature of defense counsel’s error, I disagree with the majority’s conclusion that defendant received meaningful representation. Therefore, I dissent.

*752We have admonished that the prosecutor’s summation “should not seek to…

2Cases cited23 opinions

  1. People v. BaldiNew York Court of Appeals · 1981
  2. Berger v. United StatesSupreme Court of the United States · 1935
  3. People v. BeneventoNew York Court of Appeals · 1998
  4. People v. RiveraNew York Court of Appeals · 1988
  5. People v. AshwalNew York Court of Appeals · 1976

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