Opinion
May 10, 2000.
Appeal from Judgment of Supreme Court, Monroe County, Mark, J. — Robbery, 1st Degree.
Judgment unanimously affirmed.
PRESENT: PIGOTT, JR., P. J., PINE, SCUDDER AND LAWTON, JJ.
Memorandum:
Defendant contends that he was deprived of a fair trial by prosecutorial misconduct on summation. We disagree. The record fails to establish that defendant was prejudiced when the prosecutor pointed his finger at defendant during summation ( see, People v. Duvall, 260 A.D.2d 183, 184, lv denied 93 N.Y.2d 924). Furthermore, the prosecutor's question, "Why do you bring a knife at 11:00 at night to get delmonico steaks?" falls within the broad scope of rhetorical comment permitted on summation ( see generally, People v. Galloway, 54 N.Y.2d 396, 399). Contrary to defendant's contention, the prosecutor did not specifically call defendant a thief ( cf., People v. Stewart, 92 A.D.2d 226, 230-231). To the extent that the prosecutor's comments on summation were inappropriate, they were not so egregious as to deprive defendant of a fair trial ( see, People v. Roopchand, 107 A.D.2d 35, 36-37, affd 65 N.Y.2d 837).