Opinion
10-21-2015
The PEOPLE, etc., respondent, v. Henry SINGLETARY, appellant.
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Sarah E. Nudelman of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Sarah E. Nudelman of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered December 3, 2012, convicting him of burglary in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the prosecutor's summation remarks deprived him of a fair trial is not preserved for appellate review, as the defendant either did not object to the comments, or did not object to the Supreme Court's rulings or request additional curative instructions (see CPL 470.05[2] ; People v. Comer, 73 N.Y.2d 955, 540 N.Y.S.2d 997, 538 N.E.2d 349 ; People v. Tardbania, 72 N.Y.2d 852, 532 N.Y.S.2d 354, 528 N.E.2d 507 ; People v. Wright, 62 A.D.3d 916, 878 N.Y.S.2d 788 ). In any event, most of the prosecutor's remarks were within the broad bounds of rhetorical comment permissible in closing arguments, and constituted fair response to arguments made by defense counsel in summation or fair comment on the evidence (see People v. Halm, 81 N.Y.2d 819, 821, 595 N.Y.S.2d 380, 611 N.E.2d 281 ; People v. Galloway, 54 N.Y.2d 396, 401, 446 N.Y.S.2d 9, 430 N.E.2d 885 ; People v. Sheehan, 105 A.D.3d 873, 875, 963 N.Y.S.2d 309 ; People v. Maldonado, 55 A.D.3d 626, 628, 865 N.Y.S.2d 316 ; People v. Shagi, 288 A.D.2d 495, 496, 733 N.Y.S.2d 881 ; People v. Torres, 121 A.D.2d 663, 664, 503 N.Y.S.2d 659 ). To the extent that some of the prosecutor's comments were improper, any error was not so egregious as to have deprived the defendant of a fair trial (see People v. Portes, 125 A.D.3d 794, 4 N.Y.S.3d 97 ; People v. Caldwell, 115 A.D.3d 870, 982 N.Y.S.2d 356 ; People v. Stevens, 114 A.D.3d 969, 970, 980 N.Y.S.2d 841 ; People v. Tiro, 100 A.D.3d 663, 952 N.Y.S.2d 893 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 85–86, 455 N.Y.S.2d 675 ).
DILLON, J.P., MILLER, DUFFY and LaSALLE, JJ., concur.