SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT
November 24, 2009
THE PEOPLE, ETC., RESPONDENT,
ELTON SPELLER, APPELLANT.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered March 12, 2008, convicting him of petit larceny, 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.
STEVEN W. FISHER, J.P., JOSEPH COVELLO, FRED T. SANTUCCI & RUTH C. BALKIN, JJ.
(Ind. No. 6639/07)
DECISION & ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contention, he was not denied a fair trial by the prosecutor's comments in her opening remarks and summation (see People v Martin, 54 AD3d 776).
FISHER, J.P., COVELLO, SANTUCCI and BALKIN, JJ., concur.
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