Opinion
12-09-2015
The PEOPLE, etc., respondent, v. Opal PAGE, appellant.
John R. Lewis, Sleepy Hollow, N.Y., for appellant. Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco and Laurie G. Sapakoff of counsel), for respondent.
John R. Lewis, Sleepy Hollow, N.Y., for appellant.
Janet DiFiore, District Attorney, White Plains, N.Y. (Raffaelina Gianfrancesco and Laurie G. Sapakoff of counsel), for respondent.
Opinion
Appeal by the defendant from a judgment of the County Court, Westchester County (Zambelli, J.), rendered July 30, 2013, convicting him of assault in the first degree 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 contention that certain comments made by the prosecutor on summation deprived him of a fair trial is unpreserved for appellate review (see CPL 470.05[2]; People v. Adams, 93 A.D.3d 734, 940 N.Y.S.2d 158). In any event, the challenged comments were either fair comment upon the evidence or reasonable inferences which could be drawn therefrom (see People v. Ashwal, 39 N.Y.2d 105, 109, 383 N.Y.S.2d 204, 347 N.E.2d 564; People v. Smith, 48 A.D.3d 298, 300, 851 N.Y.S.2d 502; People v. Almonte, 23 A.D.3d 392, 394, 806 N.Y.S.2d 95). In addition, since the challenged remarks were not improper, defense counsel's failure to object to those comments did not constitute ineffective assistance of counsel (see People v. McGowan, 111 A.D.3d 850, 851, 975 N.Y.S.2d 147; People v. Friel, 53 A.D.3d 667, 668, 862 N.Y.S.2d 105).
Furthermore, the defendant's contention that he was deprived of the effective assistance of counsel due to trial counsel's failure to object to several alleged hearsay statements also is without merit. Trial counsel provided the defendant with meaningful representation (see People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400; People v. Pham, 118 A.D.3d 1159, 1163, 987 N.Y.S.2d 687).
DILLON, J.P., CHAMBERS, AUSTIN and SGROI, JJ., concur.