Opinion
2000-11037
Argued November 26, 2002.
May 5, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered November 27, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Deepa Rajan of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Cynthia Kean of counsel), for respondent.
Before: DAVID S. RITTER, J.P., WILLIAM D. FRIEDMANN, DANIEL F. LUCIANO, HOWARD MILLER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant received the effective assistance of trial counsel (see People v. Baldi, 54 N.Y.2d 137; People v. Myers, 220 A.D.2d 461).
The defendant's claim that the prosecutor's comments on summation constituted reversible error is unpreserved for appellate review (see CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Richardson, 294 A.D.2d 379), and, in any event, is without merit. The prosecutor's summation did not exceed the bounds of rhetorical comment permitted in closing arguments (see People v. Ashwal, 39 N.Y.2d 105), and consequently, did not constitute reversible error (see People v. Galloway, 54 N.Y.2d 396).
The defendant's remaining contentions either are without merit or do not require reversal, as any error was harmless in light of the overwhelming evidence of guilt (see People v. Crimmins, 36 N.Y.2d 230; People v. Benjamin, 268 A.D.2d 486).
RITTER, J.P., FRIEDMANN, LUCIANO and H. MILLER, JJ., concur.