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PEOPLE v. MOYE

12 N.Y.3d 743 (2009)

THE PEOPLE OF THE STATE OF NEW YORK, Appellant, v. RONALD MOYE, Respondent.

Court of Appeals of the State of New York.

Decided February 19, 2009.

Attorney(s) appearing for the Case

Robert M. Morgenthau, District Attorney, New York City (Mark Dwyer of counsel), for appellant.

Anthony L. Ricco, New York City, and Steven Z. Legon for respondent.

Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur; Chief Judge LIPPMAN taking no part.

OPINION OF THE COURT

MEMORANDUM.

The order of the Appellate Division should be affirmed.

An attorney may not "mak[e] himself an unsworn witness" by "supporting his case by his own" or anyone else's "veracity and position" (People v Lovello, 1 N.Y.2d 436, 439 [1956]). While we do not fault the prosecutor for remarks made at sidebar, in his summation he concededly became an unsworn witness by "vouch[ing] for...

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