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PEOPLE v. DOUGLAS

Appellate Division of the Supreme Court of New York, Second Department.
Jul 21, 2009
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Ordered that the judgment is affirmed.

The defendant's contention that he was denied a fair trial by certain remarks made by the prosecutor during summation is unpreserved for appellate review ( see CPL 470.05; People v Tonge, 93 NY2d 838, 839-840; People v Dien, 77 NY2d 885, 885-886; People v Balls, 69 NY2d 641, 642; People v Arroyo, 309 AD2d 870, 871). In any event, the challenged comments were either fair comment on the evidence or responsive to the defense counsel's summation ( see People v Halm, 81 NY2d 819; People v Maldonado, 55 AD3d 626, 627-628).

In fulfilling our responsibility to conduct an independent review of the weight of the evidence ( see CPL 470.15; People v Danielson, 9 NY3d 342), we nevertheless accord great deference to the jury's opportunity to view the witnesses, hear the testimony, and observe demeanor ( see People v Mateo, 2 NY3d 383, 410, cert denied 542 US 946; People v Bleakley, 69 NY2d 490, 495). Upon reviewing the record here, we are satisfied that the verdict of guilt was not against the weight of the evidence ( see People v Romero, 7 NY3d 633).