Legal Opinion · Dissent

People v. Halm

Appellate Division of the Supreme Court of the State of New York

Decided February 6, 1992Published

1Dissent

Mikoll, J. (dissenting).

I find defendant’s contention of prosecutorial misconduct to have merit and, therefore, respectfully dissent.

Defendant claims that the prosecutor’s reference in his summation to the victims as "Kids. Your kids. My kids. Our Kids. The youth of America” was inflammatory and not fair comment on the evidence. Defendant’s objection to the comment was overruled. He urges also that the prosecutor’s further reference to the constitutional rights of the victims and the need to protect those rights constituted inappropriate commentary. Finally, defendant objects to the…

2Cases cited3 opinions

  1. People v. AshwalNew York Court of Appeals · 1976
  2. People v. MorganNew York Court of Appeals · 1985
  3. People v. MorganAppellate Division of the Supreme Court of the State of New York · 1986

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