Appellate Division of the Supreme Court of New York, 1997

People v. Plowden

People v. Plowden
Appellate Division of the Supreme Court of New York · Decided February 10, 1997
236 A.D.2d 489; 654 N.Y.S.2d 610; 1997 N.Y. App. Div. LEXIS 1183
People v. Plowden

Opinion of the Court

—Appeal by the defendant from a judgment of *490the Supreme Court, Kings County (Lipp, J.), rendered April 10, 1995, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant’s arguments regarding alleged prosecutorial misconduct during summation are largely unpreserved for appellate review (CPL 470.05 [2]; People v Dien, 77 NY2d 885; People v Nuccie, 57 NY2d 818). In any event, the comments alleged to be inflammatory and prejudicial were all either fair comment on the evidence (People v Ashwal, 39 NY2d 105) or responsive to arguments presented in the defense counsel’s summation (People v Galloway, 54 NY2d 396). Miller, J. P., Sullivan, Pizzuto and Goldstein, JJ., concur.

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