PEOPLE v. PHILLIPS

Judgment unanimously affirmed. Memorandum: Defendant's contention that he was deprived of a fair trial by prosecutorial misconduct during summation has not been preserved for our review because he failed to object to the prosecutor's comments (see, People v Dawson, 50 N.Y.2d 311, 324; People v Price, 144 A.D.2d 1013, lv denied 73 N.Y.2d 895). Moreover, the claimed improprieties were either within the wide rhetorical bounds granted to the prosecutor to comment upon the evidence or made in response to defense counsel's summation (People v Price, supra, at 1013; see, People v Tardbania, 130 A.D.2d 954, affd 72 N.Y.2d 852).

We conclude, upon our review of the record, that the jury properly gave the evidence the weight it should be accorded in reaching its verdict (see, People v Bleakley, 69 N.Y.2d 490, 495). Finally, we find that defendant's sentence was not unduly harsh and excessive (see, People v Farrar, 52 N.Y.2d 302).