People v. Taylor

Memorandum: Defendant appeals from a judgment convicting him upon a jury verdict of grand larceny in the fourth degree (Penal Law § 155.30 [4]). The evidence, viewed in the light most favorable to the People (see People v Contes, 60 NY2d 620 , 621 [1983]), is legally sufficient to establish that defendant stole property that “consisted] of a credit card or debit card” (Penal Law § 155.30 [4]). In addition, viewing the evidence in light of the elements of the crime of grand larceny as charged to the jury (see People v Danielson, 9 NY3d 342 , 349 [2007]), we reject defendant’s contention that the verdict is against the weight of the evidence (see generally People v Bleakley, 69 NY2d 490 , 495 [1987]).

Contrary to the contention of defendant, he was not deprived of his right to a fair trial based on prosecutorial misconduct. The prosecutor’s description of the defense theory as an attempt to “distract” or “mislead” the jury with “conjecture, theorizing, [and] hypothesizing” was within the wide rhetorical bounds afforded to the prosecutor (see People v Allen, 121 AD2d 453 , 454 [1986], affd 69 NY2d 915 [1987]; People v Lynch, 60 AD3d 1479 , 1480-1481 [2009], lv denied 12 NY3d 926 [2009]). “The [remaining] challenged remarks generally constituted fair comment on the evidence and [the] reasonable inferences to be drawn therefrom, and [in any event] were responsive to defense arguments” (People v Sunter, 57 AD3d 226 , 227 [2008], lv denied 12 NY3d 762 [2009]).