People v Mitchell
2008 NY Slip Op 03481 [50 AD3d 925]
April 15, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, June 18, 2008


The People of the State of New York, Respondent,
v
Horatio Mitchell, Appellant.

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

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Thomas Ross, and Mark A. Ryan of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.), rendered February 21, 2006, convicting him of robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the prosecutor's remarks were fair comment upon the evidence or were a fair response to arguments presented in the summation by defense counsel (see People v Schouenborg, 42 AD3d 473 [2007]; People v Urena, 24 AD3d 693 [2005]; People v George, 2 AD3d 457 [2003]; People v Jones, 294 AD2d 517, 518 [2002]; People v Banks, 258 AD2d 525, 526 [1999]).

The defendant's remaining contention is not preserved for appellate review (see CPL 470.05 [2]), and we decline to review it in the exercise of our interest of justice jurisdiction (see CPL 470.15 [3] [c]). Fisher, J.P., Ritter, Dillon and McCarthy, JJ., concur.