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PEOPLE v. DAVIS

28 A.D.3d 787 (2006)

812 N.Y.S.2d 890

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERRY DAVIS, Also Known as GERALD MONROE, Appellant.

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

April 25, 2006.

Ordered that the judgment is affirmed.

The defendant's contention that he was deprived of a fair trial because of prosecutorial misconduct during summation is unpreserved for appellate review (see CPL 470.05 [2]) and, in any event, does not require reversal (see People v. Ayala, 4 A.D.3d 480 [2004]).

The defendant's contentions that his sentencing as a persistent felony offender violated his constitutional...

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