Alleged prosecutorial misconduct in the 2005 second-degree murder conviction of Daniel Pelosi for the bludgeoning death of wealthy Wall Street financier Theodore Ammon did not deprive him of a fair trial, an appellate court ruled on Wednesday.

A unanimous panel of the Appellate Division, Second Department, also ruled in People v. Pelosi, 746/04, that there was no merit to Pelosi’s argument that the grand jury proceedings were defective because the prosecutor had presented the testimonies of two witnesses before the grand jury to a potential third witness.

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