Majority
p. 600The People of the State of New York, Respondent, v Cynthia Berry, Appellant. [657 NYS2d 964]
—Appeal by the defendant from a judgment of the County Court, Westchester County (Angiolillo, J.), rendered December 5, 1995, convicting her of murder in the second degree and petit larceny, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant’s challenge to the prosecutor’s comments on summation is unpreserved for appellate review (see, CPL 470.05 [2]; People v Dien, 77 NY2d 885 , 886). In any event, none of the prosecutor’s remarks on summation substantially prejudiced the defendant’s trial or exceeded the bounds of permissible rhetorical comment (see, People v Galloway, 54 NY2d 396 , 399). Bracken, J. P., Copertino, Santucci and McGinity, JJ., concur.
Cases cited
- People v. Dien 77 NY2d 885 at 886 p. 600
- People v. Galloway 54 NY2d 396 at 399 p. 600