People v Burgos
2012 NY Slip Op 05540 [97 AD3d 689]
July 11, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 22, 2012


The People of the State of New York, Respondent,
v
Jose Burgos, Appellant.

[*1] Lynn W. L. Fahey, New York, N.Y. (Allegra Glashausser of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Jeanette Lifschitz, and Tina Grillo of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hanophy, J.), rendered May 6, 2010, convicting him of burglary in the second degree, possession of burglar's tools, petit larceny, criminal possession of stolen property in the fifth degree, and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review the challenges he now raises to portions of the prosecutor's summation (see CPL 470.05 [2]; People v Bey, 71 AD3d 1156, 1157 [2010]; People v Philbert, 60 AD3d 698, 699 [2009]; People v Gill, 54 AD3d 965 [2008]; People v Gillespie, 36 AD3d 626 [2007]; People v Siriani, 27 AD3d 670 [2006]). In any event, the challenged remarks were fair comment on the evidence, responsive to arguments and theories raised by the defense, or otherwise remained within the "broad bounds of rhetorical comment permissible in closing argument" (People v Galloway, 54 NY2d 396, 399 [1981]; see People v Wilson, 77 AD3d 858 [2010]; People v Bravo, 69 AD3d 870 [2010]; People v Dorgan, 42 AD3d 505 [2007]; People v Ravenell, 307 AD2d 977 [2003]; People v Valdes, 291 AD2d 513 [2002]).

The sentence imposed was not excessive (see CPL 470.15 [2] [c]; [6] [b]; 470.20 [6]; People v Thompson, 60 NY2d 513, 519 [1983]; People v Suitte, 90 AD2d 80 [1982]). Dillon, J.P., Dickerson, Belen and Sgroi, JJ., concur.