People v. Miller

194 A.D.2d 506, 599 N.Y.S.2d 972, 1993 N.Y. App. Div. LEXIS 6772

Opinion

—Judgment, Supreme Court, Bronx County (Richard Lee Price, J.), rendered February 28, 1991, convicting defendant, after a jury trial, of robbery in the second degree, and sentencing him as a second felony offender to a term of 5 to 10 years, unanimously affirmed.

The police acted reasonably in pursuing and apprehending defendant. Following a brief investigative detention, he was identified by the complainant and probable cause thus existed for his arrest (People v Alford, 186 AD2d 43, lv denied 80 NY2d 973).

The prosecutor’s comments on summation were a fair response to defense counsel’s summation (People v Galloway, 54 NY2d 396), and were well within the permissible bounds of rhetorical comment (People v D'Alessandro, 184 AD2d 114, 119, lv denied 81 NY2d 884).

Defendant’s final claim is both unpreserved and without merit. Concur—Sullivan, J. P., Carro, Wallach and Nardelli, JJ.