Opinion
2012-05721 (Ind. No. 8183/10)
12-17-2014
The PEOPLE, etc., respondent, v. Carey SCURRY, appellant.
Lynn W.L. Fahey, New York, N.Y. (Bryan D. Kreykes of counsel), for appellant. Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Bryan D. Kreykes of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman of counsel), for respondent.
WILLIAM F. MASTRO, J.P., SHERI S. ROMAN, SANDRA L. SGROI, and JOSEPH J. MALTESE, JJ.
Opinion Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered June 4, 2012, convicting him of burglary in the second degree (three counts) and unlawful possession of marijuana, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
Contrary to the People's contention, the defendant preserved for appellate review most of his claims that the prosecutor engaged in improper questioning during cross-examination and that various comments made by the prosecutor during the summation were improper and deprived him of a fair trial (see CPL 470.05[2] ; People v. De Jesus, 42 N.Y.2d 519, 526, 399 N.Y.S.2d 196, 369 N.E.2d 752 ). However, all of the challenged questioning and remarks were either within the broad bounds of rhetorical comment permissible in closing arguments (see People v. Galloway, 54 N.Y.2d 396, 399, 446 N.Y.S.2d 9, 430 N.E.2d 885 ; People v. McHarris, 297 A.D.2d 824, 825, 748 N.Y.S.2d 57 ), fair response to defense counsel's summation (see People v. Marcus, 112 A.D.3d 652, 653, 975 N.Y.S.2d 771 ; People v. Phillips, 285 A.D.2d 477, 478, 727 N.Y.S.2d 637 ), fair comment on the defendant's testimony and other evidence (see People v. Wilson, 77 A.D.3d 858, 859, 908 N.Y.S.2d 885 ; People v. Siriani, 27 A.D.3d 670, 811 N.Y.S.2d 127 ), cured by the trial court's charge and instructions to the jury (see People v. Flowers, 102 A.D.3d 885, 886, 958 N.Y.S.2d 206 ; People v. Pocesta, 71 A.D.3d 920, 921, 895 N.Y.S.2d 871 ; People v. Wilson, 50 A.D.3d 711, 712, 854 N.Y.S.2d 540 ), or, if improper, were not so egregious as to deprive the defendant of a fair trial (see People v. Persaud, 98 A.D.3d 527, 529, 949 N.Y.S.2d 431 ; People v. Pocesta, 71 A.D.3d at 921, 895 N.Y.S.2d 871 ).