What is the test for a motion for a reversal of a finding of not guilty on the basis of prosecutorial misconduct?

MultiRegion, United States of America

The following excerpt is from United States v. Brega, 19-71-cr (2nd Cir. 2020):

"A defendant bears a substantial burden in arguing for reversal on the basis of prosecutorial misconduct in the summation," and "[f]laws in the government's summation will require a new trial only in the rare case in which improper statements -- viewed against the entire argument to the jury -- can be said to have deprived the defendant of a fair trial." United States v. Caracappa, 614 F.3d 30, 41 (2d Cir. 2010). When looking at an inappropriate remark to decide whether it warrants a new trial, "we look

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