Majority
p. 821The People of the State of New York, Respondent, v Joseph Truman, Appellant. [951 NYS2d 686]
The defendant’s contention that the prosecutor’s summation deprived him of a fair trial is unpreserved for appellate review (see CPL 470.05 [2]). In any event, the challenged remarks were within the bounds of permissible rhetorical comment, fair response to arguments and issues raised by the defense, or fair comment on the evidence (see People v Ashwal, 39 NY2d 105 , 109-110 [1976]). Eng, P.J., Rivera, Hall and Sgroi, JJ., concur.
Cases cited
- People v. Ashwal 39 NY2d 105 at 109-110 p. 821