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PEOPLE v. PEARSON

Appellate Division of the Supreme Court of New York, Second Department.
May 9, 2006
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Ordered that the judgment is affirmed.

The defendant's contention that the prosecutor's statements in summation deprived him of a fair trial is unpreserved for appellate review ( see CPL 470.05; People v. Tonge, 93 NY2d 838; People v. Almonte, 23 AD3d 392, lv denied 6 NY3d 831 [2006]), and in any event, is without merit. Although some of the prosecutor's statements in summation raised improper arguments that the defendant had a propensity to drive stolen cars in a reckless manner ( see People v. Collins, 12 AD3d 33, 39-40 [2004]; People v. Hill, 193 AD2d 619), these statements were harmless error, as the evidence of the defendant's guilt was overwhelming ( see People v. Crimmins, 36 NY2d 230; People v. Liriano, 27 AD3d 578).

The sentence imposed was not excessive ( see People v. Suitte, 90 AD2d 80, 85).