People v. SearlesPeople v. SearlesAppellate Division of the Supreme Court of the State of New YorkApr 28, 2006Check Treatment (5)Versions:28 A.D.3d 1205812 N.Y.S.2d 922 It is hereby ordered that the judgment so appealed from be and the same hereby is unanimously affirmed. Memorandum: Defendant appeals from a judgment convicting him following a jury trial of, inter alia, criminal possession of a controlled substance in the third degree (Penal Law § 220.16 [1]) and criminal possession of a weapon in the fourth degree (§ 265.01 [4]). Defendant failed to preserve for our review his contention that he was deprived of a fair trial by prosecutorial misconduct on summation (see People v Shabazz, 289 AD2d 1059, 1060 [2001], cert denied 537 US 1165 [2003], affd 99 NY2d 634 [2003], rearg denied 100 NY2d 556 [2003]; People v Cox, 21 AD3d 1361, 1363-1364 [2005], lv denied 6 NY3d 753 [2005]; People v Crawford, 299 AD2d 848, 849 [2002], lv denied 99 NY2d 581, 653 [2003]). In any event, the alleged “improprieties were not so pervasive or egregious as to deprive defendant of a fair trial” (People v Gonzalez, 206 AD2d 946, 947 [1994], lv denied 84 NY2d 867 [1994]; see People v Johnson, 303 AD2d 967, 968 [2003], lv denied 100 NY2d 583 [2003]; People v Cohen, 302 AD2d 904 [2003]). The sentence is not unduly harsh or severe. Present—Gorski, J.P., Martoche, Smith, Green and Pine, JJ.