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PEOPLE v. FONDER

211 A.D.2d 445 (1995)

621 N.Y.S.2d 54

The People of the State of New York, Respondent, v. James Fonder, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

January 10, 1995

Defendant was not deprived of a fair trial by prosecutorial misconduct in summation. The prosecutor's removal of the pen cap from her pen in arguing to the jury that their familiarity with such everyday objects was analogous to the testifying officer's familiarity with crack vials was not prejudicial, since "the demonstration was brief and not overly dramatic" (People v Barnes, 175 A.D.2d 695...

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