Opinion
06-01-2016
The PEOPLE, etc., respondent, v. Devon BRISTOL, appellant.
Lynn W.L. Fahey, New York, N.Y. (Tammy Linn of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Daniel Bresnahan, and Mariana Zelig of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Tammy Linn of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Daniel Bresnahan, and Mariana Zelig of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.), rendered July 11, 2013, convicting him of robbery in the first degree (four counts), robbery in the second degree (two counts), criminal possession of a weapon in the second degree (two counts), criminal possession of a weapon in the third degree (two counts), and criminal possession of stolen property in the fifth degree (two counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that the Supreme Court excused potential jurors based upon hardship without conducting a sufficient inquiry is unpreserved for appellate review (see People v. King, 27 N.Y.3d 147, 31 N.Y.S.3d 402, 50 N.E.3d 869 ; People v. Marshall, 131 A.D.3d 1074, 17 N.Y.S.3d 140 ; People v. Bruce, 130 A.D.3d 938, 14 N.Y.S.3d 417 ) and, in any event, is without merit (see People v. Johnson, 116 A.D.3d 883, 983 N.Y.S.2d 447 ; People v. King, 110 A.D.3d 1005, 1006, 973 N.Y.S.2d 353, affd. 27 N.Y.3d 147, 31 N.Y.S.3d 402, 50 N.E.3d 869 ; People v. Umana, 76 A.D.3d 1111, 1112, 908 N.Y.S.2d 244 ; People v. Toussaint, 40 A.D.3d 1017, 1017–1018, 837 N.Y.S.2d 218 ).
The defendant's contentions regarding the prosecutor's remarks during summation are unpreserved for appellate review. In any event, while certain remarks made by the prosecutor were improper, they were not so flagrant or pervasive as to deprive the defendant of a fair trial (see People v. Thompson, 125 A.D.3d 899, 1 N.Y.S.3d 823, 833 ; People v. Ward, 106 A.D.3d 842, 964 N.Y.S.2d 642 ; People v. Philbert, 60 A.D.3d 698, 874 N.Y.S.2d 540 ; People v. Almonte, 23 A.D.3d 392, 806 N.Y.S.2d 95 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 83, 455 N.Y.S.2d 675 ).
DILLON, J.P., COHEN, MALTESE and BARROS, JJ., concur.