69 A.D.3d 870
N.Y. App. Div.
2010

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v DANIEL BRAVO, Appellant.

Supreme Court, Appellate Division, New York

894 NYS2d 465

The defendant‘s contention that the jury instructions were erroneous is unpreserved for appellate review (see People v Floyd, 34 AD3d 494, 495 [2006]). In any event, this Court is persuaded that the jury would have “gathered from [the] language [of the instructions] the correct standard to be applied [in reaching] its decision” (People v Lopez, 200 AD2d 767, 768 [1994]), and that the trial court‘s error, if any, did not deny the defendant a fair trial (see People v Saunders, 64 NY2d 665 [1984]).

The defendant also contends that the judgment of conviction should be reversed upon the ground of prosecutorial misconduct. His contention regarding the prosecutor‘s alleged exaggeration or misstatement of the evidence is unpreserved for appellate review (see People v Williams, 8 NY3d 854, 855 [2007]) and, in any event, without merit, as the prosecutor‘s statements consisted of “fair comment[ary] upon the evidence or a fair response to the defense summation” (People v White, 5 AD3d 511, 511 [2004]).