People v. Alicea

Steuer, J. P.

The able and painstaking dissent requires some explanation of how the majority could reach the conclusion to affirm. It has long been recognized that no trial is entirely free from error and it is only such error as precludes a proper determination that mandates a new trial (see CPL 470.05, subd. .1). We neither condone nor excuse the conduct of the Assistant District Attorney who conducted the prosecution and share the feeling of outrage that is implicit in. the dissent. Notwithstanding this visceral reaction, we do not believe that the totality of incidents, including those not…