| People v Burgos |
| 2012 NY Slip Op 05540 [97 AD3d 689] |
| July 11, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JoseBurgos, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JeanetteLifschitz, and Tina Grillo of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy,J.), rendered May 6, 2010, convicting him of burglary in the second degree, possession ofburglar's tools, petit larceny, criminal possession of stolen property in the fifth degree, andresisting arrest, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review the challenges he now raises to portionsof the prosecutor's summation (see CPL 470.05 [2]; People v Bey, 71 AD3d 1156, 1157 [2010]; People v Philbert, 60 AD3d 698,699 [2009]; People v Gill, 54 AD3d965 [2008]; People v Gillespie,36 AD3d 626 [2007]; People vSiriani, 27 AD3d 670 [2006]). In any event, the challenged remarks were fair commenton the evidence, responsive to arguments and theories raised by the defense, or otherwiseremained within the "broad bounds of rhetorical comment permissible in closing argument"(People v Galloway, 54 NY2d 396, 399 [1981]; see People v Wilson, 77 AD3d 858 [2010]; People v Bravo, 69 AD3d 870[2010]; People v Dorgan, 42 AD3d505 [2007]; People v Ravenell, 307 AD2d 977 [2003]; People v Valdes, 291AD2d 513 [2002]).
The sentence imposed was not excessive (see CPL 470.15 [2] [c]; [6] [b]; 470.20 [6];People v Thompson, 60 NY2d 513, 519 [1983]; People v Suitte, 90 AD2d 80[1982]). Dillon, J.P., Dickerson, Belen and Sgroi, JJ., concur.