Barket Marion partner Donna Aldea, head of the firm’s Appellate and Post-Conviction Practice Group, recently won a motion to set aside a Suffolk County jury verdict finding R.M. guilty of Driving While Intoxicated.
In her motion, brought post-verdict pursuant to section 330.30 of the Criminal Procedure Law, Ms. Aldea argued that the trial prosecutor engaged in prosecutorial misconduct at trial by making prejudicial summation arguments that were not supported by the evidence, exceeded the bounds of proper advocacy, and tainted the outcome of the trial.
Agreeing with Ms. Aldea’s argument, and finding that the prosecutor’s misconduct would require reversal of the conviction by an appellate court, Justice Allen M. Smith ordered that the jury’s guilty verdict be set aside.
This victory underscores Barket Marion’s commitment to protect our clients’ rights, to ensure they get a fair trial, and to fight for justice at every stage of the litigation – before, during, and after trial.
Read the decision here