PEOPLE v. ROSARIO


188 A.D.2d 422 (1992)

The People of the State of New York, Respondent, v. Fidencio Rosario, Also Known as Juan Gonzalez, Appellant

Appellate Division of the Supreme Court of the State of New York, First Department.

December 22, 1992


Defendant's claims of prosecutorial misconduct in summation are, for the most part, unpreserved (CPL 470.05 [2]). Were we to review these claims in the interest of justice, we would find that the prosecutor's remarks did not exceed the broad bounds of rhetorical comment permissible in closing argument and that they were a fair response to defense counsel's summation.

Defendant's argument that his sentence as a second felony offender must be vacated because the court...

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