667 N.Y.S.2d 535 | N.Y. App. Div. | 1997
—Judgment
Defendant further contends that he was denied a fair trial by prosecutorial misconduct. Defense counsel did not object to several instances of the alleged misconduct, thereby failing to preserve those instances for our review {see, CPL 470.05 [2]). In any event, we conclude that none of the alleged instances of misconduct was so egregious as to have denied defendant a fair trial (see, People v Plant, 138 AD2d 968, lv denied 71 NY2d 1031). (Appeal from Judgment of Livingston County Court, Cicoria, J.—Murder, 2nd Degree.) Present—Green, J. P., Law-ton, Wisner, Callahan and Boehm, JJ.