| People v Evanson |
| 2010 NY Slip Op 01976 [71 AD3d 782] |
| March 9, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v David Evanson, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, andStephanie Rosenfeld of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.),rendered April 17, 2008, convicting him of criminal possession of a weapon in the second degree(two counts) and unlawful possession of marijuana, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that certain statements made by the prosecutor during summationdeprived him of a fair trial is without merit. Several of the prosecutor's statements duringsummation were fair response to the summation and overall trial strategy of defense counsel and,accordingly, are within the latitude allowed to the People (see People v Barnes, 33 AD3d 811 [2006]; People vMcHarris, 297 AD2d 824 [2002]). As to the remaining statements at issue, the jury ispresumed to have followed the Court's instructions to disregard such statements when making itsdetermination (see People v Smart, 96 NY2d 793 [2001]). In any event, any errors wereharmless (see People v Smart, 96 NY2d at 795; People v Crimmins, 36 NY2d230, 241-242 [1975]). Skelos, J.P., Florio, Hall and Austin, JJ., concur.