People v. Rosario — 149 A.D.3d 982

Majority

p. 982

The People of the State of New York, Respondent, v Tony Rosario, Appellant.

[50 NYS3d 307]

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 in the 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 v Contes, 60 NY2d 620 , 621 [1983]), we find that it was legally sufficient to establish the defendant’s guilt

p. 983

beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15 [5]; People v Danielson, 9 NY3d 342 , 348 [2007]).

The defendant’s contentions regarding alleged prosecutorial misconduct during summation are 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, to the extent that some remarks may have been improper, they “were not so flagrant or pervasive as to deprive the defendant of a fair trial” (People v Ward, 106 AD3d 842 , 843 [2013]; see People v Thompson, 125 AD3d 899 , 900 [2015]; People v Philbert, 60 AD3d 698 , 699 [2009]; People v Almonte, 23 AD3d 392 , 394 [2005]).

Rivera, J.P., Balkin, Barros and Brathwaite Nelson, JJ., concur.

Cases cited

People v. Contes 60 NY2d 620 N.Y. 1983-09-01 at 621 p. 982
People v. Danielson 9 NY3d 342 N.Y. 2007-12-13 at 348 p. 983
People v. Dien 77 NY2d 885 N.Y. 1991-03-21 at 886 p. 983
People v. Nuccie 57 NY2d 818 N.Y. 1982-10-07 at 819 p. 983
People v. Ward 106 AD3d 842 N.Y. App. Div. 2013-05-08 at 843 p. 983