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PEOPLE v. DINH
Appellate Division of the Supreme Court of New York, Second Department.
Feb 9, 2010
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Ordered that the judgment is affirmed.
The defendant's contentions that the prosecutor engaged in misconduct both while cross-examining him and during his summation are unpreserved for appellate review ( see People v Williams, 8 NY3d 854, 855; People v Booth, 265 AD2d 485, 486). In any event, the complained-of questioning fell within the bounds of proper cross-examination ( see People v Overlee, 236 AD2d 133, 138, 139; People v Caicedo, 173 AD2d 630, 631). Likewise, most of the prosecutor's summation constituted "fair comment upon the evidence or a fair response to the defense summation" ( People v White, 5 AD3d 511, 511), and any improper comments constituted harmless error ( see People v Crimmins, 36 NY2d 230, 241-242).
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