People v. Phillips

Judgment unanimously affirmed. Memorandum: Defendant’s contention that he was deprived of a fair trial by prosecutorial misconduct during summation has not been preserved for our review because he failed to object to the prosecutor’s comments (see, People v Dawson, 50 NY2d 311, 324; People v Price, 144 AD2d 1013, Iv denied 73 NY2d 895). Moreover, the claimed improprieties were either within the wide rhetorical bounds granted to the prosecutor to comment upon the evidence or made in response to defense counsel’s summation (People v Price, supra, at 1013; see, People v Tardbania, 130 AD2d 954,…