People v. Charles, 57 A.D.3d 556

The defendant‘s contention that certain remarks made by the prosecutor during summation denied him a fair trial is unpreserved for appellate review, as he failed to object to the subject remarks (see CPL 470.05 [2]; People v George, 49 AD3d 554, 554-555 [2008]). In any event, most of the challenged remarks were fair comment on the evidence, permissible rhetorical comment, or responsive to the defense counsel‘s summation (see People v Ashwal, 39 NY2d 105, 109-110 [1976]; People v Applewhite, 50 AD3d 1046 [2008]; People v Dick, 48 AD3d 697 [2008]). “To the extent that the prosecutor may have exceeded the bounds of permissible rhetorical comment, any error was harmless” (People v Carter, 36 AD3d 624, 624 [2007]; see People v Crimmins, 36 NY2d 230 [1975]).

The defendant‘s remaining contentions either are without merit or do not warrant reversal. Santucci, J.P., Covello, Leventhal and Belen, JJ., concur.

Santucci, J.P., Covello, Leventhal and Belen, JJ.

Case Details

Case Name: People v. Charles

Court Name: Appellate Division of the Supreme Court of the State of New York

Date Published: Dec 2, 2008

Citations: 57 A.D.3d 556; 869 N.Y.2d 564

Court Abbreviation: N.Y. App. Div.