PEOPLE v. CHARLES (2008)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Parker, J.), rendered December 22, 2006, convicting him of rape in the third degree, sexual misconduct, sexual abuse in the third degree, and endangering the welfare of a child, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contention that certain remarks made by the prosecutor during summation denied him a fair trial is unpreserved for appellate review, as he failed to object to the subject remarks (see CPL 470.05[2];  People v. George, 49 A.D.3d 554, 554-555, 855 N.Y.S.2d 551).   In any event, most of the challenged remarks were fair comment on the evidence, permissible rhetorical comment, or responsive to the defense counsel's summation (see People v. Ashwal, 39 N.Y.2d 105, 109-110, 383 N.Y.S.2d 204, 347 N.E.2d 564;  People v. Applewhite, 50 A.D.3d 1046, 856 N.Y.S.2d 230;  People v. Dick, 48 A.D.3d 697, 852 N.Y.S.2d 334).  “To the extent that the prosecutor may have exceeded the bounds of permissible rhetorical comment, any error was harmless” (People v. Carter, 36 A.D.3d 624, 624, 831 N.Y.S.2d 87;  see People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787).

The defendant's remaining contentions either are without merit or do not warrant reversal.