| People v Perez |
| 2010 NY Slip Op 07790 [77 AD3d 974] |
| October 26, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Rafael Perez, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, andRhiana L. Swartz, of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.),rendered February 21, 2008, convicting him of burglary in the second degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that he was deprived of afair trial as a result of prosecutorial misconduct during summation. The defendant raised noobjection during summation to the comments challenged on appeal, and failed to move for amistrial (see CPL 470.05 [2]; People v Garguilio, 57 AD3d 797, 798 [2008]). In any event, mostof the challenged remarks were within the broad bounds of rhetorical comment permissible inclosing arguments, fair comment on the evidence, or responsive to arguments and theoriespresented in the defense summation (see People v Halm, 81 NY2d 819, 821 [1993];People v Gordon, 306 AD2d 422 [2003]; People v Turner, 214 AD2d 594[1995]). Any error resulting from the remaining challenged remarks was harmless (see People v Smalls, 65 AD3d 708[2009]; People v Dorgan, 42 AD3d505 [2007]).
In light of his counsel's zealous and competent defense throughout the course of the trial, wereject the defendant's contention that his counsel's failure to object to the challenged summationremarks constituted ineffective assistance of counsel (see People v Williams, 8 NY3d 854, 855-856 [2007]; People v Taylor, 1 NY3d 174, 176[2003]; People v Tonge, 93 NY2d 838, 840 [1999]; People v Gonzalez, 44 AD3d 790, 791 [2007]).
Finally, the sentence imposed was not excessive (see People v Martinez, 58 AD3d 754, 756 [2009]; People v Jordan, 36 AD3d 948[2007]; People v Ochoa, 179 AD2d 689, 690 [1992]; People v Marti, 131 AD2d597, 598 [1987]). Mastro, J.P., Covello, Dickerson and Roman, JJ., concur.