PEOPLE v. ANTINUCHE

Appellate Division of the Supreme Court of New York, Second Department.

Mar 1, 2004

Judgment

CaseIQ

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DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review many of the claimed instances of prosecutorial misconduct and we decline to review them in the exercise of our interest of justice jurisdiction ( see People v. Taylor, 296 A.D.2d 512). To the extent that the argument has been preserved for appellate review, the defendant was not deprived of a fair trial by prosecutorial misconduct ( see People v. Crimmins, 36 N.Y.2d 230; People v. Adamo, 309 A.D.2d 808; People v. Daly, 98 A.D.2d 803, affd 64 N.Y.2d 970).

The sentence imposed was not excessive ( see People v. Suitte, 90 A.D.2d 80).

The defendant's remaining contention is without merit.

RITTER, J.P., SMITH, H. MILLER and MASTRO, JJ., concur.