Majority
p. 506The People of the State of New York, Respondent, v Vincent Miller, Appellant. [599 NYS2d 972]
—Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered
p. 507
February 28, 1991, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him as a second felony offender to a term of 5 to 10 years, unanimously affirmed.
The police acted reasonably in pursuing and apprehending defendant. Following a brief investigative detention, he was identified by the complainant and probable cause thus existed for his arrest (People v Alford, 186 AD2d 43 , lv denied 80 NY2d 973 ).
The prosecutor’s comments on summation were a fair response to defense counsel’s summation (People v Galloway, 54 NY2d 396 ), and were well within the permissible bounds of rhetorical comment (People v D'Alessandro, 184 AD2d 114 , 119, lv denied 81 NY2d 884 ).
Defendant’s final claim is both unpreserved and without merit. Concur—Sullivan, J. P., Carro, Wallach and Nardelli, JJ.
Cases cited
- People v. Galloway 54 NY2d 396 p. 507
- People v. D'Alessandro 184 AD2d 114 at 119 p. 507