People v. Miller

—Judgment unanimously affirmed. Memorandum: Defendant contends that he was deprived of a fair trial by prosecutorial misconduct on summation. We disagree. The record fails to establish that defendant was prejudiced when the prosecutor pointed his finger at defendant during summation (see, People v Duvall, 260 AD2d 183,184, lv denied 93 NY2d 924). Furthermore, the prosecutor’s question, “Why do you bring a knife at 11:00 at night to get delmonico steaks?” falls within the broad scope of rhetorical comment permitted on summation (see generally, People v Galloway, 54 NY2d 396, 399). Contrary to…