Opinion
2014-03-12
The PEOPLE, etc., respondent, v. Christopher FUHRTZ, appellant.
Lynn W.L. Fahey, New York, N.Y. (Casey Rose Scott of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Andrea Alvarez–Calderon of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Casey Rose Scott of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Andrea Alvarez–Calderon of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered September 21, 2011, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his challenges to certain remarks made by the prosecutor during summation ( seeCPL 470.05 [2]; People v. Williams, 38 A.D.3d 925, 926, 833 N.Y.S.2d 160). In any event, the challenged remarks either were responsive to defense counsel's summation, or constituted fair comment on the evidence or inferences drawn therefrom ( see People v. Ashwal, 39 N.Y.2d 105, 109–110, 383 N.Y.S.2d 204, 347 N.E.2d 564;People v. Birot, 99 A.D.3d 933, 952 N.Y.S.2d 293;People v. Guevara–Carrero, 92 A.D.3d 693, 695, 938 N.Y.S.2d 185). Under the circumstances of this case, defense counsel's failure to object to the challenged remarks did not constitute ineffective assistance of counsel ( see People v. Brown, 106 A.D.3d 754, 963 N.Y.S.2d 409;People v. Harris, 74 A.D.3d 984, 986, 902 N.Y.S.2d 190). ENG, P.J., BALKIN, SGROI and COHEN, JJ., concur.