Opinion
March 16, 1990
Appeal from the Supreme Court, Monroe County, Mark, J.
Present — Denman, J.P., Pine, Lawton, Davis and Lowery, JJ.
Judgment unanimously affirmed. Memorandum: On appeal from his conviction of manslaughter in the second degree, defendant's sole contention is that he was deprived of a fair trial by prosecutorial misconduct. In determining whether a defendant has been deprived of a fair trial by prosecutorial misconduct, we must determine the seriousness and frequency of the alleged misconduct, whether the trial court took appropriate steps to dilute its effect, and whether the jury would have reached the same result if the conduct had not occurred (People v Mott, 94 A.D.2d 415, 419). Our review of the record leads us to conclude that, although there were several improprieties, the court took measures to cure most of them and that, in view of the overwhelming strength of the People's case, defendant was not deprived of a fair trial (see, People v Plant, 138 A.D.2d 968, lv denied 71 N.Y.2d 1031; People v Widger, 126 A.D.2d 962, lv denied 69 N.Y.2d 1011).