Opinion
2013-12-18
The PEOPLE, etc., respondent, v. Moleik BEVERLY, appellant.
Lynn W.L. Fahey, New York, N.Y. (Jenin Younes of counsel), for appellant. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Michael Shollar of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Jenin Younes of counsel), for appellant. Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbart and Michael Shollar of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Collini, J.), rendered April 28, 2011, convicting him of criminal contempt in the first degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that he was deprived of a fair trial because the prosecutor made improper remarks during her summation is unpreserved for appellate review, as the defendant did not object to the remarks at issue ( see CPL 470.05[2]; People v. Romero, 7 N.Y.3d 911, 912, 828 N.Y.S.2d 274, 861 N.E.2d 89). In any event, the challenged remarks were responsive to arguments made by defense counsel in summation or constituted fair comment on the evidence ( see People v. Halm, 81 N.Y.2d 819, 821, 595 N.Y.S.2d 380, 611 N.E.2d 281; People v. Galloway, 54 N.Y.2d 396, 399, 446 N.Y.S.2d 9, 430 N.E.2d 885; People v. Ashwal, 39 N.Y.2d 105, 109–110, 383 N.Y.S.2d 204, 347 N.E.2d 564). DICKERSON, J.P., HALL, COHEN and MILLER, JJ., concur.