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State v. Rumph11/1/2005
tutional issue that was not raised in the court below. State v. Benson, 323 N.C. 318, 321-22, 372 S.E.2d 517, 519 (1988). This contention is dismissed.
Defendant last contends the court committed plain error by failing to declare a mistrial when the prosecutor "underhandedly" told the jurors that it would be defense counsel's fault if they were required to come back into the courtroom to view exhibits. Plain error review is available only for errors in jury instructions and the admission of evidence. State v. Wolfe, 157 N.C. App. 22, 33, 577 S.E.2d 655, 663, appeal dismissed and disc. review denied, 357 N.C. 255, 583 S.E.2d 289 (2003). This issue is therefore not properly before the Court.
No error.
Judges CALABRIA and JACKSON concur.
Report per Rule 30(e).
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