People v. Whyte

Defendant’s claims of prosecutorial misconduct are for the most part unpreserved. In any event, review of the record indicates that the prosecutor’s conduct of the trial did not deprive defendant of his right to a fair trial (see, People v Galloway, 54 NY2d 396). When viewed in context, the prosecutor’s summation comments for the most part constituted appropriate response to the defense summation (People v Marks, 6 NY2d 67, cert denied 362 US 912), and fair comment on the ev*396idence, presented within the broad bounds of rhetorical comment permissible in closing argument (People v Galloway,…