Two AT2 reversals for prosecutorial misconduct

Today's batch of decisions from the Second Appellate Term include two reversals for prosecutorial misconduct.

In the first, People v. Gutierrez (2d App. Term 6/21/2010), the defendant was on trial for Sexual Abuse 2º and Endangering the Welfare of a Child.  The prosecutor referred to the defendant taking "trophies" for his "collection," which implied that he had abused other children.  The majority found that this was reversible error.  In dissent, Justice Golia wrote that the curative instructions given by the court were sufficient to ameliorate any prejudice.

The second case, People v. Suh (2d App. Term 6/21/2010), involved a Brady violation.  It too was a sex crimes case.  The People failed to disclose the complainant's criminal record, which was readily available.  Here, the case was a close question and the complainant's credibility was directly at issue.  (LC)  

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