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MATTER OF DeFILIPPO v. ROONEY

11 N.Y.3d 775 (2008)

In the Matter of GARY DeFILIPPO, Appellant, v. STEPHEN J. ROONEY et al., Respondents.

Court of Appeals of the State of New York.

Decided September 16, 2008.

Attorney(s) appearing for the Case

Hankin Handwerker & Mazel LLP, New York City (Michael Handwerker of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn (Ann Bordley of counsel), for respondents.

Before: Chief Judge KAYE and Judges CIPARICK, GRAFFEO, READ, SMITH, PIGOTT and JONES concur in memorandum.

OPINION OF THE COURT

MEMORANDUM.

The judgment of the Appellate Division should be affirmed, without costs, and the certified question not answered on the ground that it is unnecessary.

The Appellate Division correctly concluded that petitioner failed to meet his burden of demonstrating that the alleged prosecutorial misconduct was conducted in a deliberate attempt to provoke him to move for a mistrial (see Matter of Gorghan v DeAngelis,

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