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Fourth Department — Prosecutorial Misconduct: People v. Brown

Appellate Division, Fourth Department

Prosecutorial Misconduct

Preservation of Error

People v. Brown
KA 08-01685
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