Defendant's murder conviction as to one victim is affirmed where defendant was denied due process by the prosecutors' gratuitous exploitation of his prejudicial nickname, "Murder," but this conduct did not prejudice defendant due to the strength of the evidence. However, defendant's murder conviction as to another victim is reversed where the prosecutorial misconduct resulted in prejudice.
Appellate Information
Argued: May 12, 2009
Decided: October 8, 2009
Judges
Opinion by Judge Jacobs
Counsel
For Appellant:
Jeremy G. Epstein, Seth M. Kean and Grace Lee, Shearman & Sterling LLP, New York, NY
For Appellee:
Ilene Jaroslaw and Peter A. Norling, Assistant United States Attorney, New York, NY
