From Casetext: Smarter Legal Research

People v. Nixon

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 1068 (N.Y. App. Div. 1995)

Opinion

March 17, 1995

Appeal from the Supreme Court, Monroe County, Doyle, J.

Present — Denman, P.J., Green, Fallon, Balio and Boehm, JJ.


Judgment unanimously affirmed. Memorandum: Defendant contends that he was denied a fair trial by the prosecutor's misconduct during examination of witnesses and summation. The majority of the alleged errors have not been preserved for review (see, CPL 470.05), and we decline to review them as a matter of discretion in the interest of justice (see, CPL 470.15 [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 A.D.2d 1026, quoting People v. Dawkins, 203 A.D.2d 957, 958, lv denied 84 N.Y.2d 824).


Summaries of

People v. Nixon

Appellate Division of the Supreme Court of New York, Fourth Department
Mar 17, 1995
213 A.D.2d 1068 (N.Y. App. Div. 1995)
Case details for

People v. Nixon

Case Details

Full title:THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. ELIJAH NIXON, Appellant

Court:Appellate Division of the Supreme Court of New York, Fourth Department

Date published: Mar 17, 1995

Citations

213 A.D.2d 1068 (N.Y. App. Div. 1995)
625 N.Y.S.2d 983

Citing Cases

People v. McAllister

Memorandum: Defendant contends that reversal is required based upon prosecutorial misconduct during…

People v. Fontanez

We reject the contention of defendant that he was denied a fair trial by prosecutorial misconduct. Some of…