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People v. Smith

203 A.D.2d 603 Court N.Y. App. Div. Decision date 1994-04-25 English

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p. 603
The People of the State of New York, Respondent, v Darryl Smith, Appellant.
[612 NYS2d 938]

—Appeal by the defendant from a judgment of the Supreme Court, Kings County (Miller, J.), rendered March 17, 1993, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s contentions regarding the propriety of the prosecutor’s summation comments are unpreserved for appellate review (see, CPL 470.05 [2]; People v Stewart, 172 AD2d 862 ; People v Madera, 167 AD2d 485 ). In any event, these remarks were either a fair response to the defense counsel’s summation, or were reasonable inferences to be drawn from the evidence (see, People v Galloway, 54 NY2d 396 ; People v Ashwal, 39 NY2d 105 ; People v Shepherd, 176 AD2d 369 ; People v Shaw, 112 AD2d 958 ; People v Gilmore, 106 AD2d 399 ). Miller, J. P., Lawrence, Altman and Krausman, JJ., concur.

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