Opinion
1999-11493
Submitted October 8, 2002.
November 4, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered November 16, 1999, convicting him of burglary in the second degree and criminal possession of stolen property in the fifth degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (David Crow of counsel; Jonathan Starr on the brief), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane R. Eisner, and Navid Zareh of counsel), for respondent.
Before: DAVID S. RITTER, J.P., MYRIAM J. ALTMAN, HOWARD MILLER, THOMAS A. ADAMS, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, the People did not engage in pervasive or egregious misconduct during their summation (see e.g. People v. Gomez, 156 A.D.2d 462; People v. Simms, 130 A.D.2d 525). Moreover, the trial court's charge to the jury stated the material principles of law applicable to the case and did not remove issues from the jury (see People v. Baez, 268 A.D.2d 201; People v. Turton, 221 A.D.2d 671).
RITTER, J.P., ALTMAN, H. MILLER and ADAMS, JJ., concur.