People v. Trevor Anderson
AD2 order dated July 29, 2015, affirming judgment of conviction. Decision below: 130 AD3d 1055, 15 NYS3d 103. Pigott, J., granted leave February 25, 2016.
ISSUES PRESENTED: (1) The trial court’s Sandoval ruling allowing cross-examination about a gun possession conviction. (2) IAC for failing to object to the prosecutor’s powerpoint presentation during summation. (Assigned counsel: Kathleen Whooley & Lynn W.L. Fahey, Appellate Advocates, 111 John St., 9th Floor, NYC 10038.)
Issue before the Court: In both cases, the propriety of the prosecutor’s use of PowerPoint presentations on summation.
Held: PowerPoint presentations are fine if used properly.
CAL Observes: These two cases, both affirming convictions albeit on different grounds, are a must-read for trial attorneys –or at least the Cliff Notes versions. They collectively set forth the guiding principles for the use of PowerPoint presentations on summation, to wit:
1. If it would be OK to say it during summation, it’s OK to put it on a PowerPoint slide.
2. Superimposed commentary on trial exhibits must accurately reflect the trial evidence, or fair inferences to be drawn therefrom.
3. Blatant emotional appeals are not OK.