People v Speller

People v Speller 2009 NY Slip Op 08850 [67 AD3d 1034] November 24, 2009 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, January 6, 2010

The People of the State of New York, Respondent,
v
Elton Speller, Appellant.

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

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Rhea A. Grob, and Emily C. Lee of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered March 12, 2008, convicting him of petit larceny, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Contrary to the defendant's contention, he was not denied a fair trial by the prosecutor's comments in her opening remarks and summation (see People v Martin, 54 AD3d 776 [2008]). Fisher, J.P., Covello, Santucci and Balkin, JJ., concur.