Majority
p. 1068The People of the State of New York, Respondent, v Elijah Nixon, Appellant. [625 NYS2d 983]
—Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied a fair trial by the prosecutor’s misconduct during
p. 1069
examination of witnesses and summation. The majority of the alleged errors have not been preserved for review (see, CPL 470.05 [2]), and we decline 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’ ” (People v Toumbis, 204 AD2d 1026 , quoting People v Dawkins, 203 AD2d 957 , 958, lv denied 84 NY2d 824 ). (Appeal from Judgment of Supreme Court, Monroe County, Doyle, J.—Assault, 1st Degree.) Present— Denman, P. J., Green, Fallon, Balio and Boehm, JJ.
Cases cited
- People v. Dawkins 203 AD2d 957 at 958 p. 1069