People v. Rudd, 62 A.D.3d 729

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his challenges to the prosecutor‘s summation (see CPL 470.05 [2]; People v Tonge, 93 NY2d 838 [1999]; People v Forest, 52 AD3d 733 [2008]) and cross-examination (see CPL 470.05 [2]; People v Lewis, 48 AD3d 483 [2008]; People v Lawrence, 4 AD3d 436 [2004]). In any event, the challenged remarks in the prosecutor‘s summation did not rise to the level of reversible error, as they were either responsive to defense counsel‘s summation, constituted fair comment on the evidence or inferences drawn therefrom, or did not deprive the defendant of a fair trial (see People v Meeks, 56 AD3d 800 [2008]; People v Forest, 52 AD3d 733 [2008]; People v Holguin, 284 AD2d 343 [2001]).

Moreover, the defendant‘s challenge to the prosecutor‘s cross-examination is without merit (see People v Lewis, 48 AD3d 483 [2008]; People v Hill, 47 AD3d 838 [2008]).

The defendant‘s remaining contentions are without merit.

Spolzino, J.P., Dillon, Florio and Belen, JJ., concur.

Case Details

Case Name: People v. Rudd

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

Date Published: May 5, 2009

Citations: 62 A.D.3d 729; 877 N.Y.S.2d 700

Court Abbreviation: N.Y. App. Div.