¶1The 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.
99 A.D.3d 821
People v. Truman
Appellate Division of the Supreme Court of the State of New York
Decided October 10, 2012
Appellate Division of the Supreme Court of the State of New York · decided 2012-10-10
Decided 2012-10-10