People v. Scroger

Appellate Division of the Supreme Court of New York

People v. Scroger

288 A.D.2d 931, 732 N.Y.S.2d 388, 2001 N.Y. App. Div. LEXIS 10714

Appellate Division of the Supreme Court of the State of New York·Decided November 9, 2001·Published·Cited by 3 cases

Opinion

—Judgment unanimously affirmed. Memorandum: Defendant was convicted after a jury trial of two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]). The contention of defendant that he was denied a fair trial by prosecutorial misconduct is not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Orleans County Court, Punch, J. — Felony Driving While Intoxicated.) Present — Pigott, Jr., P. J., Wisner, Scudder, Burns and Gorski, JJ.

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—Judgment unanimously affirmed. Memorandum: Defendant was convicted after a jury trial of two counts of driving while intoxicated as a felony (Vehicle and Traffic Law § 1192 [2], [3]; § 1193 [1] [c]). The contention of defendant that he was denied a fair trial by prosecutorial misconduct is not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Orleans County Court, Punch, J. — Felony Driving While Intoxicated.) Present — Pigott, Jr., P. J., Wisner, Scudder, Burns and Gorski, JJ.

People v. Scroger, 288 A.D.2d 931, 732 N.Y.S.2d 388, 2001 N.Y. App. Div. LEXIS 10714 (N.Y. Ct. App. 2001).

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Opinion

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