What is the test for a motion alleging prosecutorial misconduct in rebuttal?

McCoy asserts that prosecutorial misconduct in rebuttal requires a new trial. To secure such relief, he must show misconduct that, "viewed against the entire argument to the jury, and in the context of the entire trial," was so "severe and significant" as to deny a him "fair trial." United States v. Sheehan, 838 F.3d 109, 128 (2d Cir. 2016) (internal quotation marks omitted). Such cases are "rare," United States v. Caracappa, 614 F.3d 30, 41 (2d Cir. 2010), and arise only when improper comments so infect the trial as a whole as to result in a conviction violative of due process, see United States v. Sheehan, 838 F.3d at 128; United States v. Ferguson, 676 F.3d 260, 283 (2d Cir. 2011) (stating that

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improper comments do not deny due process "unless they constitute egregious misconduct" (internal quotation marks omitted)). In assessing whether improper comments have caused "substantial prejudice" requiring a new trial, we consider the severity of the misconduct, the curative measures taken, and the certainty of conviction absent the misconduct. See United States v. Binday, 804 F.3d 558, 586 (2d Cir. 2015).

The alleged misconduct falls into two general categories, which we address in turn.

a. Arguments Regarding Victim's Mother