Opinion
No. 2005-07586.
November 13, 2007.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered July 13, 2005, convicting him of petit larceny, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Noah J. Gellner of counsel), for respondent.
Before: Crane, J.P., Goldstein, Florio and Dillon, JJ., concur.
Ordered that the judgment is affirmed.
The defendant's contention that the prosecutor's summation denied him due process and a fair trial is unpreserved for appellate review ( see CPL 470.05; People v Nieves, 2 AD3d 539, 540). In any event, a review of the challenged comments reveals that they were either fair comment on the evidence adduced at trial or responsive to defense counsel's summation ( see People v McHarris, 297 AD2d 824, 825; People v Cariola, 276 AD2d 800).