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THE PEOPLE, ETC., Respondent, v. RENZZO RODRIGUEZ, Appellant.

DECISION ORDER

The law is well settled that the nature and extent of cross examination are matters within the trial court's sound discretion ( see People v. Hudy, 73 N.Y.2d 40, 56; People v. McGriff, 201 A.D.2d 672, 673). Here, the trial court providently exercised its discretion in permitting the prosecutor to cross-examine the defendant's girlfriend about the removal of the girlfriend's children from her custody by the Nassau County child protective services agency due to physical abuse ( see People v. Ayala, 280 A.D.2d 552; People v. English, 126 A.D.2d 738; People v. Batista, 113 A.D.2d 890).

The defendant's arguments regarding alleged prosecutorial misconduct during summation are largely unpreserved for appellate review ( see CPL 470.05; People v. Hirsch, 299 A.D.2d 559; People v. Mejias, 296 A.D.2d 583, 584). In any event, the challenged remarks constituted fair comment on the evidence ( see People v. Ashwal, 39 N.Y.2d 105), were responsive to arguments presented in the defense counsel's summation ( see People v. Galloway, 54 N.Y.2d 396), or were harmless in light of the overwhelming evidence of the defendant's guilt ( see People v. Crimmins, 36 N.Y.2d 230).

SANTUCCI, J.P., McGINITY, SCHMIDT and ADAMS, JJ., concur.

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PEOPLE v. RODRIGUEZ
(Dec 1, 2003)