Opinion
6262 Ind. 2316/12
04-12-2018
The PEOPLE of the State of New York, Respondent, v. Jeremy ERAZO, Defendant–Appellant.
Seymour W. James, Jr., The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Susan Axelrod of counsel), for respondent.
Seymour W. James, Jr., The Legal Aid Society, New York (Steven R. Berko of counsel), for appellant.
Cyrus R. Vance, Jr., District Attorney, New York (Susan Axelrod of counsel), for respondent.
Sweeny, J.P., Richter, Andrias, Webber, Moulton, JJ.
Judgment, Supreme Court, New York County (Michael R. Sonberg, J.), rendered March 25, 2013, as amended March 27, 2013, convicting defendant, after a jury trial, of burglary in the second degree, and sentencing him, as a second violent felony offender, to a term of 10 years, unanimously affirmed.
Defendant's challenge to a summation remark by the prosecutor is unpreserved and we decline to review it in the interest of justice. As an alternative holding, we find that the remark was responsive to defense counsel's summation, and that it permissibly commented on the victim's credibility without constituting improper vouching (see People v. Overlee, 236 A.D.2d 133, 144, 666 N.Y.S.2d 572 [1st Dept. 1997], lv denied 91 N.Y.2d 976, 672 N.Y.S.2d 855, 695 N.E.2d 724 [1998] ).