People v. Miles

—Judgment unanimously modified on the law and as modified affirmed in accordance with the following Memorandum: On appeal from a judgment convicting him of manslaughter in the first degree (Penal Law § 125.20) as a lesser included offense of murder in the second degree (Penal Law § 125.25 [1]), criminal possession of a weapon in the second degree (Penal Law former § 265.03) and criminal possession of a weapon in the third degree (Penal Law § 265.02 [4]), defendant contends that he was deprived of a fair trial by prosecutorial misconduct. We disagree. Many of the instances of alleged…