| People v Blue |
| 2016 NY Slip Op 00990 [136 AD3d 840] |
| February 10, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Johnny Blue, Appellant. |
Lynn W. L. Fahey, New York, NY (Dina Zloczower of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, NY (Leonard Joblove, Ruth E.Ross, and Geoffrey Cajigas [Sullivan & Cromwell, LLP], of counsel), forrespondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Sullivan, J.), rendered February 14, 2012, as amended February 27, 2012, convictinghim of rape in the first degree (two counts), sexual abuse in the first degree (two counts),and burglary in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that certain remarks made by the prosecutor duringsummation deprived him of a fair trial is unpreserved for appellate review, since he eitherfailed to object to the remarks at issue, or made only general objections and failed torequest further curative relief when his objections were sustained (see CPL470.05 [2]; People vRomero, 7 NY3d 911, 912 [2006]). In any event, the defendant's contention iswithout merit, as the challenged remarks were either within the bounds of permissiblecomment, fair response to the defendant's attack on the credibility of the People'switnesses, fair comment on the evidence and the reasonable inferences to be drawntherefrom, or permissible rhetorical comment (see People v Halm, 81 NY2d 819,821 [1993]; People v Galloway, 54 NY2d 396, 399 [1981]; People vAshwal, 39 NY2d 105, 109-110 [1976]).
The sentence imposed was neither illegal nor excessive (see People v Suitte,90 AD2d 80 [1982]). Mastro, J.P., Leventhal, Austin and LaSalle, JJ., concur.