| People v Jordan |
| 2004 NYSlipOp 07336 |
| Decided on October 12, 2004 |
| Appellate Division, Second Department |
| This opinion is uncorrected and subject to revision before publication in the Official Reports. |
Decided on October 12, 2004
NANCY E. SMITH, J.P.
THOMAS A. ADAMS
STEPHEN G. CRANE
ROBERT A. LIFSON, JJ.
2003-04047
v
Bernard Jordan, appellant. (Ind. No. 5640/02) Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Anthea H. Bruffee, and Allison Pierre of counsel), for
respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Kreindler, J.), rendered April 14, 2003, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant contends that the prosecutor's summation deprived him of due process and a fair trial. However, the majority of the defendant's current objections are not preserved for appellate review (see CPL 470.05[2]; People v Dien, 77 NY2d 885, 886; People v Brownridge, 267 AD2d 318). In any event, the prosecutor's statements constituted fair responses to remarks made by the defense counsel during summation (see People v Halm, 81 NY2d 819, 821; People v Ashwal, 39 NY2d 105; People v Ryant, 278 AD2d 345).
The defendant's remaining contentions are without merit.[*2]
SMITH, J.P., ADAMS, CRANE and LIFSON, JJ., concur.
ENTER:
James Edward Pelzer
Clerk of the Court