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.