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PEOPLE v. CHANEY

Appellate Division of the Supreme Court of New York, Fourth Department.
Nov 15, 1989
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Judgment unanimously affirmed. Memorandum: Defendant contends that the People's evidence was legally insufficient to support his conviction of murder in the second degree (Penal Law ยง 125.25). Viewing the evidence in the light most favorable to the People and granting it all favorable inferences (see, People v Ford, 66 N.Y.2d 428, 436), we conclude that a valid line of reasoning exists to sustain the jury's verdict (see, People v Bleakley, 69 N.Y.2d 490, 495).

Defendant also contends that he was denied a fair trial by prosecutorial misconduct during cross-examination and summation. Because objection was made to only one of these alleged errors, these claims are largely unpreserved for our review (see, CPL 470.05; People v Dawson, 50 N.Y.2d 311, 324). Further, many of the alleged prosecutorial improprieties on summation, including the only comment objected to, were fair comment in response to defense counsel's closing statement (see, People v Anthony, 24 N.Y.2d 696, 703-704; People v Rubin, 101 A.D.2d 71, 77-78). Although the prosecutor acted overzealously, impermissibly bolstering and vouching for his own witnesses and in one instance calling defendant a liar, we cannot say under all the circumstances that defendant was deprived of a fair trial (see, People v Widger, 126 A.D.2d 962, lv denied 69 N.Y.2d 1011; People v Barnes, 109 A.D.2d 179, 186; People v Roopchand, 107 A.D.2d 35, 36, affd 65 N.Y.2d 837).

We have reviewed defendant's remaining contention and find it to be without merit.