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THE PEOPLE, ETC., respondent, v. CARLOS GONZALES, A/K/A CARLOS GONZALEZ, appellant.

DECISION ORDER

ORDERED that the judgment is affirmed.

The defendant's contention that the prosecutor made improper comments during summation is unpreserved for appellate review, as no objections were made at trial (see CPL 470.05; People v. Gray, 86 N.Y.2d 10, 19; People v. Mapp, 245 A.D.2d 307, 308). In any event, the prosecutor's comments were either well within the bounds of permissible rhetorical comment (see People v. Galloway, 54 N.Y.2d 396, 399; People v. Alvarado, 262 A.D.2d 651), or were a fair response to the statements contained in the defense counsel's summation (see People v. Halm, 81 N.Y.2d 819, 821; People v. Ricone, 288 A.D.2d 402, lv denied 97 N.Y.2d 708).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

RITTER, J.P., FEUERSTEIN, ADAMS and MASTRO, JJ., concur.

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PEOPLE v. GONZALES
(Jul 30, 2002)