Whether the New York Appellate Division, Fourth Judicial Department erred in finding Petitioner's Constitutional right to a fair trial was not violated, where not a single judge commented or admonished the prosecutor's conduct

QUESTION PRESENTED Petitioner an African-American man, was tried for the crime of Criminal Sale of a Controlled Substance, namely cocaine. During the prosecutor’s closing statement, he mockingly imitated Petitioner’s African-American voice in an alleged phone call with one of the prosecution’s witnesses, and also made racial inflammatory comments during closing arguments. The question presented, thus, is whether the New York Appellate Division, Fourth Judicial Department erred in finding Petitioner’s Constitutional right to a fair trial was not violated, where not a single judge commented or admonished the prosecutor's conduct. i