PEOPLE v. VACHET

Appellate Division of the Supreme Court of New York, Second Department.

Feb 17, 2004

Judgment

CaseIQ

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DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's challenges to various summation comments made by the prosecutor are, for the most part, unpreserved for appellate review ( see People v. Shelton, 307 A.D.2d 370; People v. Ravenell, 307 A.D.2d 977). In any event, the comments either were within the bounds of permissible rhetoric ( see People v. Galloway, 54 N.Y.2d 396), constituted fair comment on the evidence presented, or were responsive to the defense counsel's summation ( see People v. Caver, 302 A.D.2d 604; People v. Hoover, 298 A.D.2d 599).

SMITH, J.P., GOLDSTEIN, LUCIANO and ADAMS, JJ., concur.