| People v Douglas |
| 2009 NY Slip Op 05976 [64 AD3d 726] |
| July 21, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v MarcDouglas, Appellant. |
—[*1] Janet DiFiore, District Attorney, White Plains, N.Y. (Lois Cullen Valerio, RichardLongworth Hecht, and Anthony J. Servino of counsel), for respondent.
Appeal by the defendant from a judgment of the County Court, Westchester County(Zambelli, J.), rendered May 31, 2007, convicting him of burglary in the first degree (twocounts), assault in the first degree, criminal possession of a weapon in the second degree, andcriminal mischief in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that he was denied a fair trial by certain remarks made by theprosecutor during summation is unpreserved for appellate review (see CPL 470.05 [2];People v Tonge, 93 NY2d 838, 839-840 [1999]; People v Dien, 77 NY2d 885,885-886 [1991]; People v Balls, 69 NY2d 641, 642 [1986]; People v Arroyo, 309AD2d 870, 871 [2003]). In any event, the challenged comments were either fair comment on theevidence or responsive to the defense counsel's summation (see People v Halm, 81NY2d 819 [1993]; People v Maldonado,55 AD3d 626, 627-628 [2008]).
In fulfilling our responsibility to conduct an independent review of the weight of theevidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 [2007]), we nevertheless accordgreat deference to the jury's opportunity to view the witnesses, hear the testimony, and observedemeanor (see People v Mateo, 2 NY3d 383, 410 [2004], cert denied 542 US946 [2004]; People v Bleakley, 69 NY2d 490, 495 [1987]). Upon reviewing the recordhere, we are satisfied that the verdict of guilt was not against the weight of the evidence (see People v Romero, 7 NY3d633 [2006]). Florio, J.P., Miller, Covello and Austin, JJ., concur.