People v. Rafael Then
AD2 order dated May 13, 2015, affirming judgment of conviction: 128 AD3d 864, 10 NYS3d 135. Fahey, J., granted leave July 29, 2015.
ISSUES PRESENTED: (1) Whether defendant was deprived of a fair trial when he appeared wearing orange prison pants during the first day of jury selection. (2) Testimony that defendant possessed a gun during the month of the crime, to prove ID. (3) Prosecutorial misconduct on summation. (Assigned counsel: Patricia Pazner & Lynn W.L. Fahey, Appellate Advocates, 111 John Street, 9th Floor, NYC 10038.)