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34 A.D.3d 852

People v. Simon

Appellate Division of the Supreme Court of the State of New York · decided 2006-11-28

Cited by 1 later decisions — most recently January 2008

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Decided 2006-11-28

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¶1Appeal by the defendant from a judgment of the Supreme Court, Kings County (Brennan, J.), rendered November 9, 2004, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

¶2Ordered that the judgment is affirmed.

¶3The defendant’s contention that the prosecutor committed misconduct during summation is unpreserved for appellate review (see CPL 470.05 [2]; People v LaValle, 3 NY3d 88, 114 [2004] ; People v Harris, 98 NY2d 452, 459 [2002]; People v Dien, 77 NY2d 885, 886 [1991]). In any event, the contention is without merit since the challenged remarks either were fair comment on the evidence, permissible rhetorical comment, or responsive to the defense counsel’s summation (see People v Ashwal, 39 NY2d 105, 110 [1976]; People v Garner, 27 AD3d 764 [2006]). Adams, J.P., Rivera, Skelos and Lifson, JJ., concur.

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