People v. Anderson

*1013OPINION OF THE COURT

Donald J. Mark, J.

This is an application by the defendant, pursuant to CPL 330.30 (1), to vacate a verdict of guilty after a jury trial convicting him of murder in the second degree, upon the ground that prosecutorial misconduct occurred during the trial which resulted in an erroneous denial of his motion for a mistrial pursuant to CPL 280.10.

A police sergeant in the course of the trial was questioned concerning her conversation with the defendant during an interview prior to his arrest. The avowed purpose of this line of questioning was to demonstrate the discrepancies…