People v Polin

People v Polin 2009 NY Slip Op 05576 [63 AD3d 1180] June 30, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, August 5, 2009

The People of the State of New York, Respondent,
v
James Polin, Appellant.

—[*1] Lynn W. L. Fahey, New York, N.Y. (Erin R. Collins of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Tania T. Taveras of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Mangano, Jr., J.), rendered January 4, 2007, convicting him of burglary in the first degree (two counts), assault in the second degree (two counts), endangering the welfare of a child, and resisting arrest, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the prosecutor's comments during summation were either fair comment on the evidence, responsive to the defense counsel's summation, or not so egregious as to have denied the defendant a fair trial (see People v Halm, 81 NY2d 819, 821 [1993]; People v Galloway, 54 NY2d 396, 399 [1981]; People v Bailey, 54 AD3d 419, 420 [2008]).

The defendant's remaining contention is without merit. Spolzino, J.P., Angiolillo, Chambers and Lott, JJ., concur.