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PEOPLE v. SMALLS

65 A.D.3d 708 (2009)

883 N.Y.S.2d 910

THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. JERMAINE SMALLS, Appellant.

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

Decided August 25, 2009.

Ordered that the judgment is affirmed.

The defendant contends that various remarks made by the prosecutor on summation were improper, and denied him his right to a fair trial. However, the defendant's arguments regarding the prosecutor's summation, to the extent the prosecutor allegedly appealed to jurors' sympathies and inserted certain facts not in evidence, are unpreserved for appellate review (see CPL 470.05 [2]; People v Burke,

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