693 N.Y.S.2d 376 | N.Y. App. Div. | 1999
—Judgment unanimously affirmed. Memorandum: County Court properly denied the request of defendant for a hearing on his motion challenging the search warrant. Defendant’s challenge.to the facial sufficiency of the written warrant application “presents an issue of law that does not require a hearing” (People v Christian, 248 AD2d 960, lv denied 91 NY2d 1006), and defendant’s motion papers did not otherwise raise an issue of fact requiring a hearing (see, People v Glen, 30 NY2d 252, 262).
Defendant contends that the court violated CPL 310.30 by failing to disclose to counsel the contents of a jury note before recalling the jury, thus requiring reversal. The note requested several legal definitions, and the court read the note in open
Finally, defendant contends that he was denied a fair trial by prosecutorial misconduct during summation. All but one of the contentions are unpreserved for our review (see, CPL 470.05 [2]), and we decline to review them as a matter of discretion in the interest of justice (see, 470.15 [6] [a]). With respect to the single contention that is preserved, the conduct of the prosecutor was not so egregious or prejudicial as to deny defendant his right to a fair trial (see, People v Nixon, 213 AD2d 1068, lv denied 85 NY2d 978; see also, People v Galloway, 54 NY2d 396, 401). (Appeal from Judgment of Ontario County Court, Harvey, J. — Criminal Possession Weapon, 3rd Degree.) Present— Pine, J. P., Lawton, Wisner, Hurlbutt and Callahan, JJ.