| People v Colon |
| 2007 NY Slip Op 09238 [45 AD3d 776] |
| November 20, 2007 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Carlos Colon, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J.Caferri, and Benjamin M. Mastaitis of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.),rendered March 3, 2005, convicting him of burglary in the second degree, criminal possession ofstolen property, and criminal possession of burglar's tools, upon a jury verdict, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's contentions that the prosecutor's remarks during summation constitutedreversible error are unpreserved for appellate review (see CPL 470.05 [2]; People v Doran, 27 AD3d 480[2006]; People v White, 5 AD3d511 [2004]). In any event, the contentions are without merit. The prosecutor's commentsduring summation that are alleged to be prejudicial were either fair comment upon the evidenceor a fair response to arguments presented in summation by defense counsel, or constitutedharmless error (see People v Crimmins, 36 NY2d 230, 241-242 [1975]; People v Prince, 36 AD3d 833,834 [2007]; People v Urena, 24AD3d 693 [2005]; People vMeyers, 13 AD3d 395 [2004]).
The defendant's remaining contentions are unpreserved for appellate review and, in anyevent, are without merit. Ritter, J.P., Goldstein, Skelos and Dillon, JJ., concur.