| People v Small |
| 2007 NY Slip Op 09059 [45 AD3d 705] |
| November 13, 2007 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v Samel Small, Also Known as Samuel Small, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas M. Ross, and Noah J. Gellner of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Dowling, J.), rendered July 13, 2005, convicting him of petit larceny, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the prosecutor's summation denied him due process and a fair trial is unpreserved for appellate review (see CPL 470.05 [2]; People v Nieves, 2 AD3d 539, 540 [2003]). In any event, a review of the challenged comments reveals that they were either fair comment on the evidence adduced at trial or responsive to defense counsel's summation (see People v McHarris, 297 AD2d 824, 825 [2002]; People v Cariola, 276 AD2d 800 [2000]). Crane, J.P., Goldstein, Florio and Dillon, JJ., concur.