People v Truman

People v Truman 2012 NY Slip Op 06830 Decided on October 10, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on October 10, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
RANDALL T. ENG, P.J.
REINALDO E. RIVERA
L. PRISCILLA HALL
SANDRA L. SGROI, JJ.
2008-02766
(Ind. No. 748/06)

[*1]The People of the State of New York, respondent,

v

Joseph Truman, appellant.




Lynn W. L. Fahey, New York, N.Y. (Jonathan M. Kratter of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Sholom J. Twersky, and
Jordon W. Rossman of counsel), for
respondents.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County, rendered March 19, 2008 (Reichbach, J.), convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that the prosecutor's summation deprived him of a fair trial is unpreserved for appellate review (see CPL 470.05[2]). In any event, the challenged remarks were within the bounds of permissible rhetorical comment, fair response to arguments and issues raised by the defense, or fair comment on the evidence (see People v Ashwal, 39 NY2d 105, 109-110).
ENG, P.J., RIVERA, HALL and SGROI, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court