Opinion
3140.
Decided March 16, 2004.
Judgment, Supreme Court, New York County (Dorothy Cropper, J.), rendered December 3, 2001, convicting defendant, after a jury trial, of two counts of robbery in the second degree, and sentencing him, as a persistent felony offender, to concurrent terms of 16 years to life, unanimously affirmed.
Jeffrey W. Davis, for Respondent.
Michael C. Taglieri, for Defendant-Appellant.
Before: Tom, J.P., Andrias, Saxe, Sullivan, JJ.
The People's summation, read as a whole, was generally responsive to defense arguments and did not deprive defendant of a fair trial ( see People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884). While some of the challenged comments would have been better left unsaid, there was no misconduct that was so egregious as to require reversal.
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.