Opinion
99-04257
Submitted April 29, 2002
May 28, 2002.
Appeal by the defendant from a judgment of the County Court, Nassau County (Calabrese, J.), rendered May 3, 1999, convicting her of grand larceny in the third degree, upon a jury verdict, and imposing sentence.
Mitchell Dranow, Garden City, N.Y., for appellant.
Denis Dillon, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Alexis Kriedman of counsel), for respondent.
SANDRA J. FEUERSTEIN, J.P., GABRIEL M. KRAUSMAN, DANIEL F. LUCIANO, STEPHEN G. CRANE, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15).
The defendant's contention that the cumulative effect of certain remarks made by the prosecutor during summation constituted reversible error is unpreserved for appellate review (see CPL 470.05; People v. Vasquez, 277 A.D.2d 333). In any event, the comments made by the prosecutor during summation were largely proper comments on the evidence (see generally People v. Ashwal, 39 N.Y.2d 105, 109). Moreover, any prejudice which may have resulted from the comments was ameliorated by the trial court's curative instructions (see People v. Ferguson, 82 N.Y.2d 837, 838; People v. Vasquez, supra).
The defendant's remaining contention is without merit.
FEUERSTEIN, J.P., KRAUSMAN, LUCIANO and CRANE, JJ., concur.