Opinion
2016–13202 Ind. No. 4587/13
01-16-2019
The PEOPLE, etc., Respondent, v. Mikhail CHERNYAEV, Appellant.
Habboush Law, White Plains, N.Y. (Nussair P. Habboush and Sirotkin Varacalli & Hamra, LLP [Abraham Hamra ], of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ruth E. Ross of counsel), for respondent.
Habboush Law, White Plains, N.Y. (Nussair P. Habboush and Sirotkin Varacalli & Hamra, LLP [Abraham Hamra ], of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Ruth E. Ross of counsel), for respondent.
REINALDO E. RIVERA, J.P., JOHN M. LEVENTHAL, BETSY BARROS, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
ORDERED that the judgment is affirmed.
The defendant's contention regarding certain comments made by the prosecutor in summation is unpreserved for appellate review, as the defendant failed to object to those comments, request curative instructions, or move for a mistrial (see People v. Taylor, 159 A.D.3d 734, 735, 71 N.Y.S.3d 580 ; People v. Locenitt, 157 A.D.3d 905, 907, 66 N.Y.S.3d 908 ; People v. Morris, 157 A.D.3d 827, 828, 66 N.Y.S.3d 644 ). In any event, his contention is without merit, as the comments were fair comment on the evidence and a fair response to arguments raised by the defense in summation (see People v. Mairena, 160 A.D.3d 986, 988, 75 N.Y.S.3d 246 ; People v. Sukhu, 157 A.D.3d 973, 974, 69 N.Y.S.3d 697 ; People v. Locenitt, 157 A.D.3d at 907, 66 N.Y.S.3d 908 ; People v. Reel, 150 A.D.3d 1028, 1029, 56 N.Y.S.3d 140 ).
The defendant's contention that he received ineffective assistance of counsel is not reviewable on direct appeal, because it involves matter dehors the record (see People v. Johnson, 157 A.D.3d 817, 66 N.Y.S.3d 885 ; People v. Williams, 149 A.D.3d 986, 50 N.Y.S.3d 305 ).
The defendant's remaining contentions are without merit.
RIVERA, J.P., LEVENTHAL, BARROS and BRATHWAITE NELSON, JJ., concur.