Opinion
February 24, 2000
Judgment, Supreme Court, Bronx County (Richard Price, J.), rendered October 6, 1997, convicting defendant, after a jury trial, of murder in the second degree, and sentencing him, to a term of 23 years to life, unanimously affirmed.
Argiro Kosmetatos, for Respondent.
Alexei Schacht, for Defendant-Appellant.
WILLIAMS, J.P., TOM, SAXE, BUCKLEY, FRIEDMAN, JJ.
The court properly exercised its discretion in denying defendant's belated mistrial motion made after the court had already sustained the only objections made by defendant during the prosecutor's summation. The challenged summation comments generally constituted fair comment on the evidence and appropriate response to the defense summation and did not deprive defendant of a fair trial (see, People v. Overlee, 236 A.D.2d 134, lv denied 91 N.Y.2d 976;People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.