People v Green

2007 NY Slip Op 09888 [46 AD3d 324]

December 13, 2007

Appellate Division, First Department

As corrected through Wednesday, February 13, 2008

The People of the State of New York,Respondent, v Theodore Green, Appellant.

—[*1]Steven Banks, The Legal Aid Society, New York City (David Crow of counsel), andKaye Scholer LLP, New York City (Craig M. Cepler of counsel), for appellant.

Robert M. Morgenthau, District Attorney, New York (James P. Sayko of counsel), forrespondent.

Judgment, Supreme Court, New York County (Gregory Carro, J.), rendered January 17, 2006,convicting defendant, after a jury trial, of grand larceny in the fourth degree, and sentencing him,as a second felony offender, to a term of 2 to 4 years, unanimously affirmed.

The verdict was not against the weight of the evidence (see People v Bleakley, 69NY2d 490 [1987]). Any inconsistencies in the testimony regarding defendant's clothing orbackpack, or the manner in which the victim was holding her purse, were inconsequential.

Since defendant only made general objections during the prosecutor's summation, and sincehis CPL 330.30 (1) motion to set aside the verdict could not preserve issues he failed to preserveduring the trial, defendant did not preserve his present claims (see People v Harris, 98NY2d 452, 492 [2002]), and we decline to review them in the interest of justice. Were we toreview these claims, we would find that the prosecutor's summation did not exceed the "broadbounds of rhetorical comment permissible in closing argument" (People v Galloway, 54NY2d 396, 399 [1981]). Concur—Friedman, J.P., Marlow, Nardelli and Catterson, JJ.