Opinion
2002-04219.
Decided March 8, 2004.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (McGann, J.), rendered April 18, 2002, convicting him of burglary in the second degree, resisting arrest, and possession of burglar's tools, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Sarah J. Berger of counsel), for respondent.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Nicoletta J. Caferri, and William C. Milaccio of counsel), for respondent.
Before: DAVID S. RITTER, J.P., SONDRA MILLER, GLORIA GOLDSTEIN, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contentions that the prosecutor misrepresented and distorted the defense, vouched for her own witnesses, and expressed her personal disbelief in the defense during her summation are largely unpreserved for appellate review ( see CPL 470.05; People v. Halm, 81 N.Y.2d 819). In any event, the prosecutor's statements constituted fair responses to remarks made by the defense counsel during summation ( see People v. Halm, supra at 821; People v. Ashwal, 39 N.Y.2d 105; People v. Ryant, 278 A.D.2d 345).
RITTER, J.P., S. MILLER, GOLDSTEIN and ADAMS, JJ., concur.