People v. Fonder

Judgment, Supreme Court, New York County (Alvin Schlesinger, J.), rendered January 11, 1993, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree, and sentencing him, as a second felony offender, to a term of AVi to 9 years, unanimously affirmed.

Defendant was not deprived of a fair trial by prosecutorial misconduct in summation. The prosecutor’s removal of the pen cap from her pen in arguing to the jury that their familiarity with such everyday objects was analogous to the *446testifying officer’s familiarity with crack vials was not…