| People v Charles |
| 2008 NY Slip Op 09613 [57 AD3d 556] |
| December 2, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v GabrielCharles, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.),rendered December 22, 2006, convicting him of rape in the third degree, sexual misconduct, sexualabuse in the third degree, and endangering the welfare of a child, upon a jury verdict, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant's contention that certain remarks made by the prosecutor during summation deniedhim a fair trial is unpreserved for appellate review, as he failed to object to the subject remarks (seeCPL 470.05 [2]; People v George,49 AD3d 554, 554-555 [2008]). In any event, most of the challenged remarks were faircomment on the evidence, permissible rhetorical comment, or responsive to the defense counsel'ssummation (see People v Ashwal, 39 NY2d 105, 109-110 [1976]; People v Applewhite, 50 AD3d 1046[2008]; People v Dick, 48 AD3d697 [2008]). "To the extent that the prosecutor may have exceeded the bounds of permissiblerhetorical comment, any error was harmless" (People v Carter, 36 AD3d 624, 624 [2007]; see People vCrimmins, 36 NY2d 230 [1975]).
The defendant's remaining contentions either are without merit or do not warrant reversal. Santucci,J.P., Covello, Leventhal and Belen, JJ., concur.