57 Conn. App. 233 | Conn. App. Ct. | 2000
Opinion
The defendant, Joe Alamo, appeals from the judgment of conviction, rendered after a jury trial, of sexual assault in the first degree in violation of General Statutes § 53a-70 (a) (1). On appeal, the defendant claims that he is entitled to a new trial because the prosecutor committed prosecutorial misconduct during his closing argument. We decline to review this claim.
The alleged prosecutorial misconduct involves comments on facts not in evidence. The prosecutor commented that the hearing impaired victim’s exaggerated gestures and facial expressions during her testimony are common for people who are hearing impaired.
The defendant failed to object to those comments at the trial. He now seeks review of these unpreserved claims pursuant to State v. Golding, 213 Conn. 233, 567 A.2d 823 (1989).
The judgment is affirmed.
Prior to the closing of the state’s evidence, the prosecutor attempted to offer an expert witness to testify that people who are hearing impaired typically communicate with exaggerated gestures and facial expressions. The trial court did not allow the expert to testify.
“ [A] defendant can prevail on a claim of constitutional error not preserved at trial only if all of the following conditions are met: (1) the record is adequate to review the alleged claim of error; (2) the claim is of constitutional magnitude alleging the violation of a fundamental right; (3) the alleged constitutional violation clearly exists and clearly deprived the defendant of a fair trial; and (4) if subject to harmless error analysis, the state has failed to demonstrate harmlessness of the alleged constitutional violation beyond a reasonable doubt. In the absence of any one of these conditions, the defendant’s claim will fail.” (Emphasis in original.) State v. Golding, supra, 213 Conn. 239-40.
“The burden is on the defendant to show that the prosecutor’s remarks were so prejudicial that he was deprived of a fair trial and the entire proceedings were tainted. State v. Robinson, 227 Conn. 711, 746, 631 A.2d 288 (1993).” State v. Lepri, supra, 56 Conn. App. 417 n.13.