People v. Heyward
Opinion of the Court
—Appeal by
Ordered that the judgment, as amended, is affirmed.
The defendant’s challenges to remarks made by the prosecutor during summation are unpreserved for appellate review (see, CPL 470.05 [2]; People v Scotti, 220 AD2d 543). In any event, the prosecutor’s statements for the most part did not exceed the broad bounds of rhetorical comment allowed on closing argument (see, People v Galloway, 54 NY2d 396), and were fair responses to arguments raised by defense counsel during summation (see, People v Rivera, 158 AD2d 723). Although the prosecutor may have arguably overstepped his bounds on one occasion, the court provided curative instructions that ameliorated any prejudice that might have resulted. Altman, J. P., Friedmann, Goldstein and Luciano, JJ., concur.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.