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PEOPLE v. TIDWELL

207 A.D.2d 957 (1994)

617 N.Y.S.2d 76

The People of the State of New York, Respondent, v. Darry Tidwell, Appellant

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

September 30, 1994

Judgment unanimously affirmed.

Memorandum:

Defendant was not deprived of a fair trial by prosecutorial misconduct. Although the prosecutor twice referred to the defense approach as a "smoke screen", those references were isolated and do not constitute such a pervasive pattern of misconduct that reversal is warranted (see, People v Mott, 94 A.D.2d 415). Finally, defendant's sentence is not harsh...

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