What is the test for finding no prosecutorial misconduct or abuse of discretion in a motion for a new trial?

California, United States of America

The following excerpt is from People v. Soy, B253692 (Cal. App. 2015):

Accordingly, because there is no reasonable basis to conclude the prosecutor's argument improperly influenced the jury's ultimate verdict, defendants have not established that the trial court's finding of no prosecutorial misconduct and its denial of the new trial motion constituted either an abuse of discretion or a denial of defendants' constitutional rights. We conclude that the prosecutor's time calculations were not a deceptive or reprehensible method nor did they constitute egregiously intemperate conduct so as to render the trial fundamentally unfair. (See People v. Bordelon (2008) 162 Cal.App.4th 1311, 1323-1324.)

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