People v Truman
2012 NY Slip Op 06830 [99 AD3d 821]
October 10, 2012
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, November 28, 2012


The People of the State of New York, Respondent,
v
Joseph Truman, Appellant.

[*1] Lynn W. L. Fahey, New York, N.Y. (Jonathan M. Kratter of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Sholom J. Twersky, and Jordon W. Rossman of counsel), for respondents.

Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered March 19, 2008 (Reichbach, J.), convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contention that the prosecutor's summation deprived him of a fair trial is unpreserved for appellate review (see CPL 470.05 [2]). In any event, the challenged remarks were within the bounds of permissible rhetorical comment, fair response to arguments and issues raised by the defense, or fair comment on the evidence (see People v Ashwal, 39 NY2d 105, 109-110 [1976]). Eng, P.J., Rivera, Hall and Sgroi, JJ., concur.