People v. Carter

Jan 9, 2007
Reporters:
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Ordered that the judgment is affirmed.

The trial court properly declined to submit petit larceny and criminal possession of stolen property in the fifth degree as lesser-included offenses, since there was no reasonable view of the evidence that the defendant committed the lesser offenses without having committed the greater offenses (see CPL 300.50 [1]; People v Glover, 57 NY2d 61, 63 [1982]; People v Scarborough, 49 NY2d 364, 369, 371, 373 [1980]; People v Miller, 156 AD2d 265 [1989]).

Furthermore, the defendant‘s contention that the prosecutor‘s remarks on summation constituted reversible error is unpreserved for appellate review. The defendant either failed to object to the remarks, made only a general objection, failed to request curative instructions, or moved belatedly for a mistrial (see CPL 470.05 [2]; People v Williams, 27 AD3d 673 [2006], lv denied 7 NY3d 796 [2006]; People v Malave, 7 AD3d 542 [2004]). In any event, the challenged remarks, for the most part, were fair comment on the evidence, permissible rhetorical comment, or responsive to the defense counsel‘s summation (see People v Rhodes, 11 AD3d 487, 488 [2004]; People v Jones, 294 AD2d 517, 517-518 [2002]). To the extent that the prosecutor may have exceeded the bounds of permissible rhetorical comment, any error was harmless. Crane, J.P, Skelos, Lifson and Dillon, JJ., concur.