| People v Pujji |
| 2010 NY Slip Op 05430 [74 AD3d 1100] |
| June 15, 2010 |
| 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 Jagdeep Pujji, Also Known as Jack Pujji, Appellant. |
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Richard A. Brown, District Attorney, Kew Gardens, N.Y. (Ayelet Sela and Gary Fidel of
counsel), for respondent.
Appeal by the defendant from three judgments of the Supreme Court, Queens County
(Kohm, J.), all rendered November 17, 2008, convicting him of (1) grand larceny in the third
degree, grand larceny in the fourth degree, scheme to defraud in the first degree, and scheme to
defraud in the second degree under indictment No. 2556/06, (2) grand larceny in the fourth
degree (three counts) under indictment No. 1040/07, and (3) grand larceny in the third degree
and grand larceny in the fourth degree under indictment No. 1564/07, upon a jury verdict, and
sentencing him, on the two counts of grand larceny in the third degree under indictments No.
2556/06 and 1564/07, respectively, to indeterminate terms of 1½ to 4½ years
imprisonment, and on the three counts of grand larceny in the fourth degree under indictment
No. 1040/07, and two counts of grand larceny in the fourth degree under indictments No.
2556/06 and 1564/07, respectively, to indeterminate terms of 1
Ordered that the judgment rendered under indictment No. 1040/07 is modified, as a matter of discretion in the interest of justice, by providing that the sentences imposed upon the three counts of grand larceny in the fourth degree under that indictment, along with the sentences imposed upon the counts of scheme to defraud in the first degree and scheme to defraud in the second degree, shall run concurrently with each other and with the sentence imposed upon the count of grand larceny in the third degree under indictment No. 2556/06; as so modified, the judgment rendered under indictment No. 1040/07 is affirmed; and it is further,
Ordered that the judgments rendered under indictment Nos. 2556/06 and 1564/07 are affirmed.
The prosecutor's remarks on summation constituted, for the most part, fair responses to [*2]defense counsel's summation, or fair comment on the evidence, or reasonable inferences therefrom (see People v Rudd, 62 AD3d 729 [2009]; People v Meeks, 56 AD3d 800, 801 [2008]; People v Holguin, 284 AD2d 343 [2001]). Where the remarks were improper, defense counsel's objections were sustained by the Supreme Court, and the curative instructions provided by the Supreme Court alleviated any prejudice that may have resulted from the remarks (see People v Ramsey, 48 AD3d 709, 710 [2008]; People v Williams, 14 AD3d 519 [2005]).
With regard to the aggregate sentence of 9