Opinion
February 13, 1990
Appeal from the Supreme Court, New York County (John A.K. Bradley, J.).
The prosecutor's comments in summation were either clarified by curative instructions, a fair response to defendant's summation, or within the "broad bounds of rhetorical comment permissible in closing argument" (People v Galloway, 54 N.Y.2d 396, 399). In any event, any error that may have been committed was harmless in view of the overwhelming evidence of guilt (People v Crimmins, 36 N.Y.2d 230). Nor was the sentence unduly harsh. Taking into account "among other things, the crime charged, the particular circumstances of the individual before the court and the purpose of a penal sanction", we perceive no abuse of discretion warranting a reduction in sentence (People v Farrar, 52 N.Y.2d 302, 305).
Concur — Rosenberger, J.P., Asch, Ellerin and Wallach, JJ.