The People, etc., respondent, v. Vinh Dinh, appellant. (2010)

Submitted-January 14, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Blumenfeld, J.), rendered February 13, 2008, convicting him of gang assault in the first degree, assault in the second degree (two counts), and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's contentions that the prosecutor engaged in misconduct both while cross-examining him and during his summation are unpreserved for appellate review (see People v. Williams, 8 NY3d 854, 855;  People v. Booth, 265 A.D.2d 485, 486).   In any event, the complained-of questioning fell within the bounds of proper cross-examination (see People v. Overlee, 236 A.D.2d 133, 138, 139;  People v. Caicedo, 173 A.D.2d 630, 631).   Likewise, most of the prosecutor's summation constituted “fair comment upon the evidence or a fair response to the defense summation” (People v. White, 5 AD3d 511, 511), and any improper comments constituted harmless error (see People v. Crimmins, 36 N.Y.2d 230, 241-242).

DILLON, J.P., FLORIO, LEVENTHAL and ROMAN, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court