What is the test for reversal of a finding that prosecutorial misconduct infringed a defendant's right to a fair trial?

MultiRegion, United States of America

The following excerpt is from United States v. Eldridge, 18-3294-cr (L), 19-92-cr (Con) (2nd Cir. 2021):

Eldridge alone alleges that prosecutorial misconduct infringed his right to a fair trial; however, Eldridge did not raise this challenge before the district court, and so we review his claim for plain error. See Johnson v. United States, 520 U.S. 461, 466-67 (1997) (holding reversal appropriate only if there was "(1) error, (2) that is plain, and (3) that affects substantial rights," and only when "the error seriously affects the fairness, integrity, or public reputation of judicial proceedings" (internal quotation marks and alterations omitted)).

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