PEOPLE v. BANYAN (2009)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Collini, J.), rendered November 9, 2006, convicting him of criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Most of the remarks in the prosecutor's summation that are challenged by the defendant on appeal constituted a fair response to defense counsel's summation or fair comment on the evidence, were within the bounds of permissible rhetorical comment, or were the subject of effective curative instructions by the trial court (see People v. Halm, 81 N.Y.2d 819, 595 N.Y.S.2d 380, 611 N.E.2d 281;  People v. Turner, 214 A.D.2d 594, 625 N.Y.S.2d 233;  People v. Peterson, 186 A.D.2d 231, 232, 587 N.Y.S.2d 770).   While some of the remarks were improper, they were “not so flagrant or pervasive as to deny the defendant a fair trial” (People v. Almonte, 23 A.D.3d 392, 394, 806 N.Y.S.2d 95;  see People v. Morales, 168 A.D.2d 85, 90, 570 N.Y.S.2d 831) and, thus, reversal is not warranted (see People v. Galloway, 54 N.Y.2d 396, 446 N.Y.S.2d 9, 430 N.E.2d 885;  People v. Almonte, 23 A.D.3d at 394, 806 N.Y.S.2d 95;  People v. Roopchand, 107 A.D.2d 35, 36, 485 N.Y.S.2d 332, affd. 65 N.Y.2d 837, 493 N.Y.S.2d 129, 482 N.E.2d 924).

The defendant's remaining contention is without merit.