Opinion
2000-08832.
December 1, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.), rendered September 7, 2000, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (M. Chris Fabricant of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Joyce Slevin, Lauren R. Breitman, and Esther Noe of counsel), for respondent.
Before: NANCY E. SMITH, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the prosecutor's comments on summation constituted reversible error is unpreserved for appellate review ( see CPL 470.05; People v. Brown, 297 A.D.2d 819), and, in any event, is without merit. The prosecutor's summation did not exceed the bounds of rhetorical comment permitted in closing arguments ( see People v. Ashwal, 39 N.Y.2d 105, 109), and was harmless under the circumstances ( see People v. Crimmins, 36 N.Y.2d 230; People v. Buehler, 104 A.D.2d 1045).
The defendant's remaining contention is without merit.
RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.