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People v. Charles

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION: SECOND JUDICIAL DEPARTMENT


December 2, 2008

THE PEOPLE, ETC., RESPONDENT,
v.
GABRIEL CHARLES, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.), rendered December 22, 2006, convicting him of rape in the third degree, sexual misconduct, sexual abuse in the third degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

FRED T. SANTUCCI, J.P., JOSEPH COVELLO, JOHN M. LEVENTHAL and ARIEL E. BELEN, JJ.

(Ind. No. 5740/05)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that certain remarks made by the prosecutor during summation denied him a fair trial is unpreserved for appellate review, as he failed to object to the subject remarks (see CPL 470.05[2]; People v George, 49 AD3d 554, 554-555). In any event, most of the challenged remarks were fair comment on the evidence, permissible rhetorical comment, or responsive to the defense counsel's summation (see People v Ashwal, 39 NY2d 105, 109-110; People v Applewhite, 50 AD3d 1046; People v Dick, 48 AD3d 697). "To the extent that the prosecutor may have exceeded the bounds of permissible rhetorical comment, any error was harmless" (People v Carter, 36 AD3d 624, 624; see People v Crimmins, 36 NY2d 230).

The defendant's remaining contentions either are without merit or do not warrant reversal.

SANTUCCI, J.P., COVELLO, LEVENTHAL and BELEN, JJ., concur.

20081202

© 1992-2008 VersusLaw Inc.



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