PEOPLE v. ROSARIO

2013-07447, Ind. No. 10135/00.

2017 NY Slip Op 03019

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. TONY ROSARIO, Appellant.

Appellate Division of the Supreme Court of New York, Second Department.


Attorney(s) appearing for the Case

Seon J. Lee , New York, NY, for appellant.

Eric Gonzalez , Acting District Attorney, Brooklyn, NY ( Leonard Joblove , Amy Appelbaum , and Julian Joiris of counsel), for respondent.

Before: Reinaldo E. Rivera, J.P., Ruth C. Balkin, Betsy Barros, Valerie Brathwaite Nelson, JJ.


Appeal by the defendant from a judgment of the Supreme Court, Kings County (Riviezzo, J.), rendered June 20, 2013, convicting him of criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.

DECISION & ORDER

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see People v Contes, 60 N.Y.2d 620, 621), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see CPL 470.15[5]; People v Danielson, 9 N.Y.3d 342, 348).

The defendant's contentions regarding alleged prosecutorial misconduct during summation are largely unpreserved for appellate review (see CPL 470.05[2]; People v Dien, 77 N.Y.2d 885, 886; People v Nuccie, 57 N.Y.2d 818, 819). In any event, to the extent that some remarks may have been improper, they "were not so flagrant or pervasive as to deprive the defendant of a fair trial" (People v Ward, 106 A.D.3d 842, 843; see People v Thompson, 125 A.D.3d 899, 900; People v Philbert, 60 A.D.3d 698, 699; People v Almonte, 23 A.D.3d 392, 394).

RIVERA, J.P., BALKIN, BARROS and BRATHWAITE NELSON, JJ., concur.


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