Majority
p. 489The People of the State of New York, Respondent, v Nicco Plowden, Also Known as Anthony Butler, Appellant. [654 NYS2d 610]
—Appeal by the defendant from a judgment of
p. 490
the Supreme Court, Kings County (Lipp, J.), rendered April 10, 1995, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s arguments regarding alleged prosecutorial misconduct during summation are largely unpreserved for appellate review (CPL 470.05 [2]; People v Dien, 77 NY2d 885 ; People v Nuccie, 57 NY2d 818 ). In any event, the comments alleged to be inflammatory and prejudicial were all either fair comment on the evidence (People v Ashwal, 39 NY2d 105 ) or responsive to arguments presented in the defense counsel’s summation (People v Galloway, 54 NY2d 396 ). Miller, J. P., Sullivan, Pizzuto and Goldstein, JJ., concur.
Cases cited
- People v. Dien 77 NY2d 885 p. 490
- People v. Nuccie 57 NY2d 818 p. 490
- People v. Ashwal 39 NY2d 105 p. 490
- People v. Galloway 54 NY2d 396 p. 490