PEOPLE v. MILLER

282 KA 18-01058.

204 A.D.3d 1438 (2022)

165 N.Y.S.3d 433

2022 NY Slip Op 02688

The People of the State of New York, Respondent, v. Dakota M. Miller, Appellant.

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

Decided April 22, 2022.


Attorney(s) appearing for the Case

DAVISON LAW OFFICE, PLLC, CANANDAIGUA ( MARK C. DAVISON OF COUNSEL), FOR DEFENDANT-APPELLANT.

BROOKS T. BAKER , DISTRICT ATTORNEY, BATH ( JOHN C. TUNNEY OF COUNSEL), FOR RESPONDENT.

Present—Whalen, P.J., Smith, Centra, NeMoyer and Winslow, JJ.


It is hereby ordered that the judgment so appealed from is unanimously affirmed.

Memorandum: On appeal from a judgment convicting him upon a jury verdict of murder in the second degree (Penal Law § 125.25[4]) and manslaughter in the first degree (§ 125.20[4]), defendant contends that he was denied a fair trial by prosecutorial misconduct. Defendant failed to preserve for our review his contention with respect to the majority of the alleged instances of misconduct...

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