← Cases

People v. McAllister

217 A.D.2d 978 Court N.Y. App. Div. Decision date 1995-07-14 English

Contents

Majority

p. 978
The People of the State of New York, Respondent, v John E. McAllister, Appellant.
[631 NYS2d 266]

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 sentence is neither unduly harsh nor severe. (Appeal from Judgment of Niagara County Court, Hannigan, J.—Felony Driving While Intoxicated.) Present—Pine, J. P., Fallon, Doerr, Balio and Boehm, JJ.