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2 A.D.3d 452

People v. Acevedo

Appellate Division of the Supreme Court of the State of New York · decided 2003-12-01

Decided 2003-12-01

¶1Appeal by the defendant from a judgment of the Supreme Court, Kings County (D’Emic, J.), rendered September 7, 2000, convicting him of assault in the first degree, upon a jury verdict, and imposing sentence.

¶2Ordered that the judgment is affirmed.

¶3The defendant’s contention that the prosecutor’s comments on summation constituted reversible error is unpreserved for appellate review (see CPL 470.05 [2]; People v Brown, 297 AD2d 819 [2002]), and, in any event, is without merit. The prosecutor’s summation did not exceed the bounds of rhetorical comment permitted in closing arguments (see People v Ashwal, 39 NY2d 105, 109 [1976]), and was harmless under the circumstances (see People v Crimmins, 36 NY2d 230 [1975]; People v Buehler, 104 AD2d 1045 [1984]).

¶4The defendant’s remaining contention is without merit. Ritter, J.P., Florio, Smith and H. Miller, JJ., concur.

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