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THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. BRUCE SIMMONS, Appellant.

Judgment affirmed.

The record reveals that sufficient evidence was adduced at trial to establish all the essential elements of robbery in the second degree including a completed larceny ( see, e.g., People v Carbonell, 40 N.Y.2d 948). Questions of credibility and the reliability of evidence are within the province of the jury ( see, e.g., People v. De Tore, 34 N.Y.2d 199, cert denied sub nom. Wedra v. New York, 419 U.S. 1025) and we find no basis upon this record to disturb the jury's resolution of these issues.

In addition, the alleged misconduct of the prosecutor during summation was not properly preserved for our review ( see, e.g., People v. Medina, 53 N.Y.2d 951; People v. Baldo, 107 A.D.2d 751). In any event, this record does not indicate that a new trial is warranted on this ground. Thompson, J.P., Brown, Weinstein and Kunzeman, JJ., concur.

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PEOPLE v. SIMMONS
(Jul 1, 1985)