People v. McDuffie

Appeal from a judgment of the Erie County Court (Michael L. D’Amico, J.), rendered January 20, 2009. The judgment convicted defendant, upon a jury verdict, of criminal possession of a controlled substance in the fourth degree.

*1361It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of criminal possession of a controlled substance in the fourth degree (Penal Law § 220.09 [1]), defendant contends that he was denied his right to a fair trial based on the prosecutor’s failure to correct the testimony…