| People v Nelson |
| 2012 NY Slip Op 01688 [93 AD3d 681] |
| March 6, 2012 |
| 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 Peter R. Nelson, Appellant. |
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Thomas J. Spota, District Attorney, Riverhead, N.Y. (Grazia DiVincenzo of counsel), for
respondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hudson, J.), rendered July 16, 2010, convicting him of driving while intoxicated and aggravated unlicensed operation of a motor vehicle in the first degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
There is no merit to the defendant's contention that he was deprived of a fair trial by the conduct of the prosecutor in making prejudicial comments and inflaming the emotions of the jury during summation.
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant's remaining contentions are without merit. Rivera, J.P., Angiolillo, Leventhal and Cohen, JJ., concur.