Appellate Division, Fourth Department
Preservation of Error
People v. Brown
Appealed from Monroe County Court
Background: The defendant was convicted after jury trial of first-degree criminal contempt and second-degree harassment. He argued on appeal that prosecutorial misconduct deprived him of a fair trial.
Ruling: Conviction is affirmed. Defense counsel at trial either failed to object or made a general objection, not specifying the basis for the objection. In any event, most of the comments were within the broad bounds of permissible rhetorical comment and were either a fair response to defense counsel’s comments or fair comment on the evidence.
David R. Juergens for the defendant; Nicole M. Fantigrossi for Monroe County District Attorney