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PEOPLE v. WILLIAMS

Appellate Division of the Supreme Court of New York, Second Department.
Dec 8, 2003
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DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant challenges several comments made by the prosecutor during his summation. However, the challenges are, for the most part, unpreserved for appellate review ( see People v. Ravenell, 307 A.D.2d 977; People v. Shelton, 307 A.D.2d 370, 372, lv granted 100 N.Y.2d 626). In any event, the prosecutor's comments either were fair comment on the evidence, permissive rhetorical comment, responsive to the defense counsel's summation, or not so prejudicial as to constitute reversible error ( see People v. Hoover, 298 A.D.2d 599; People v. Lewis, 140 A.D.2d 714).

The defendant also contends that the trial court's supplemental charge defining "reasonable doubt" for the jury was improper. However, the trial transcript has since been properly resettled to reflect that the challenged portions of the charge represented transcription errors ( see People v. Scott, 197 A.D.2d 646, 647; cf. People v. Laracuente, 125 A.D.2d 705).

The defendant's remaining contention is without merit.

RITTER, J.P., FLORIO, SMITH and H. MILLER, JJ., concur.