People v Small

2007 NY Slip Op 09059 [45 AD3d 705]

November 13, 2007

Appellate Division, Second Department

As corrected through Wednesday, January 16, 2008

The People of the State of New York, Respondent, v SamelSmall, Also Known as Samuel Small, Appellant.

—[*1]Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, andNoah J. Gellner of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.),rendered July 13, 2005, convicting him of petit larceny, upon a jury verdict, and imposingsentence.

Ordered that the judgment is affirmed.

The defendant's contention that the prosecutor's summation denied him due process and a fairtrial is unpreserved for appellate review (see CPL 470.05 [2]; People v Nieves, 2 AD3d 539, 540[2003]). In any event, a review of the challenged comments reveals that they were either faircomment on the evidence adduced at trial or responsive to defense counsel's summation (seePeople v McHarris, 297 AD2d 824, 825 [2002]; People v Cariola, 276 AD2d 800[2000]). Crane, J.P., Goldstein, Florio and Dillon, JJ., concur.