People v. Cox

—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: Defendant appeals from a judgment convicting him of three counts of assault in the first degree (Penal Law § 120.10 [3]), two counts of assault in the second degree (Penal Law § 120.05 [2]), two counts of criminal use of a firearm in the first degree (Penal Law § 265.09) and one count of criminal possession of a weapon in the second degree (Penal Law § 265.03). Defendant contends that he was denied a fair trial by prosecutorial misconduct during summation. Defendant objected to one…