Opinion
2000-11036
Submitted June 18, 2002
July 30, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered November 28, 2000, convicting him of robbery in the first degree and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Monique Ferrell, and Amy Yang of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SANDRA J. FEUERSTEIN, THOMAS A. ADAMS, WILLIAM F. MASTRO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the prosecutor made improper comments during summation is unpreserved for appellate review, as no objections were made at trial (see CPL 470.05; People v. Gray, 86 N.Y.2d 10, 19; People v. Mapp, 245 A.D.2d 307, 308). In any event, the prosecutor's comments were either well within the bounds of permissible rhetorical comment (see People v. Galloway, 54 N.Y.2d 396, 399; People v. Alvarado, 262 A.D.2d 651), or were a fair response to the statements contained in the defense counsel's summation (see People v. Halm, 81 N.Y.2d 819, 821; People v. Ricone, 288 A.D.2d 402, lv denied 97 N.Y.2d 708).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).
RITTER, J.P., FEUERSTEIN, ADAMS and MASTRO, JJ., concur.