People v Graves

People v Graves 2010 NY Slip Op 01876 [71 AD3d 470] March 11, 2010 Appellate Division, First Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 28, 2010

The People of the State of New York, Respondent,
v
Randall Graves, Appellant.

—[*1] Robert S. Dean, Center for Appellate Litigation, New York (John Vang of counsel), for appellant. Cyrus R. Vance, Jr., District Attorney, New York (Nicole Coviello of counsel), for respondent.

Judgment, Supreme Court, New York County (Richard D. Carruthers, J.), rendered December 3, 2008, convicting defendant, after a jury trial, of burglary in the third degree, and sentencing him, as a second felony offender, to a term of 2½ to 5 years, unanimously affirmed.

The court properly exercised its discretion in denying defendant's mistrial motion, made on the basis of an isolated portion of the prosecutor's summation that allegedly made an improper statement of fact, since that comment was a permissible response to a corresponding portion of the defense summation (see generally People v Overlee, 236 AD2d 133 [1997]). Defendant's remaining challenges to the summation are unpreserved and we decline to review them in the interest of justice. As an alternative holding, we find no basis for reversal. Concur—Gonzalez, P.J., DeGrasse, Freedman, Manzanet-Daniels and RomÁn, JJ.