People v. McAllister
Appellate Division of the Supreme Court of the State of New York
1Opinion of the Court
Judgment unanimously affirmed. Memorandum: Defendant contends that reversal is required based upon prosecutorial misconduct during summation. Several of the errors complained of have not been preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review them as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). " 'Because those errors that were preserved "were not so egregious or prejudicial as to deprive defendant of a fair trial, reversal is not warranted” ’ [citations omitted]” (People v Nixon, 213 AD2d 1068, 1069). Defendant’s…
2Cases cited1 opinion
- People v. NixonAppellate Division of the Supreme Court of the State of New York · 1995