| People v Edwards |
| 2009 NY Slip Op 04920 [63 AD3d 855] |
| June 9, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Donald Edwards, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C.Abbot, and Daniel Fenn of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella,J.), rendered April 20, 2007, convicting him of possession of burglar's tools, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the People's contention, the defendant's argument that the cumulative effects ofthe prosecutor's improper comments on summation substantially prejudiced his right to a fairtrial was preserved for appellate review. However, while some of the prosecutor's comments inhis summation somewhat exceeded the bounds of permissible commentary, they were the subjectof timely objections by counsel, which were sustained and followed by prompt curativeinstructions. Thus, while it is true that the jury heard the improper remarks, and the bell couldnot be unrung (see Matter of Enright v Siedlecki, 59 NY2d 195, 198 [1983]; People vGriffin, 242 AD2d 70, 73 [1998]), under the circumstances, when considering the commentsindividually or cumulatively, the defendant was not denied a fair trial (see People v Riback, 57 AD3d1209 [2008]; cf. People v Calabria, 94 NY2d 519, 523 [2000]; People v Gordon, 50 AD3d 821[2008]). Florio, J.P., Miller, Covello and Austin, JJ., concur.