People v. Faison

Full title: THE PEOPLE OF THE STATE OF NEW YORK, Respondent, v. PAUL FAISON, Appellant

Court: Appellate Division of the Supreme Court of New York, Second Department

Date published: Jan 19, 1999

257 A.D.2d 629 (N.Y. App. Div. 1999)

682 N.Y.S.2d 904

Opinion

January 19, 1999.

Appeal from the Supreme Court, Queens County (Dunlop, J.).

Ordered that the judgment is affirmed.

The defendant's claim that he was denied a fair trial due to prosecutorial misconduct is unpreserved for appellate review ( see, CPL 470.05; People v. Brisbane, 244 A.D.2d 498). In any event, the allegedly improper summation remarks were either a fair statement of the facts in evidence or a fair response to defense counsel's summation remarks ( see, People v. Ashwal, 39 N.Y.2d 105).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

Mangano, P. J., O'Brien, Krausman and Goldstein, JJ., concur.