| People v Rosario |
| 2017 NY Slip Op 03019 [149 AD3d 982] |
| April 19, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Tony Rosario, Appellant. |
Seon J. Lee, New York, NY, for appellant.
Eric Gonzalez, Acting District Attorney, Brooklyn, NY (Leonard Joblove, Amy Appelbaum,and Julian Joiris of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Riviezzo,J.), rendered June 20, 2013, convicting him of criminal possession of a controlled substance inthe third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People vContes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish thedefendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual reviewpower, we are satisfied that the verdict of guilt was not against the weight of the evidence(see CPL 470.15 [5]; People vDanielson, 9 NY3d 342, 348 [2007]).
The defendant's contentions regarding alleged prosecutorial misconduct during summationare largely unpreserved for appellate review (see CPL 470.05 [2]; People v Dien,77 NY2d 885, 886 [1991]; People v Nuccie, 57 NY2d 818, 819 [1982]). In any event, tothe extent that some remarks may have been improper, they "were not so flagrant or pervasive asto deprive the defendant of a fair trial" (People v Ward, 106 AD3d 842, 843 [2013]; see People v Thompson, 125 AD3d899, 900 [2015]; People vPhilbert, 60 AD3d 698, 699 [2009]; People v Almonte, 23 AD3d 392, 394 [2005]). Rivera, J.P., Balkin,Barros and Brathwaite Nelson, JJ., concur.