Opinion
2017–08651 Ind. No. 954/16
11-04-2020
The PEOPLE, etc., respondent, v. Richard MARTINEZ, appellant.
Paul Skip Laisure, New York, N.Y. (Anjali Biala of counsel), for appellant. Melinda Katz, District Attorney, Kew Gardens, N.Y. (Nancy Fitzpatrick Talcott and Johnnette Traill of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Anjali Biala of counsel), for appellant.
Melinda Katz, District Attorney, Kew Gardens, N.Y. (Nancy Fitzpatrick Talcott and Johnnette Traill of counsel), for respondent.
ALAN D. SCHEINKMAN, P.J., RUTH C. BALKIN, JEFFREY A. COHEN, HECTOR D. LASALLE, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Queens County (John Latella, J.), rendered July 17, 2017, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's challenge to certain comments made by the prosecutor during summation is partially unpreserved for appellate review (see CPL 470.05[2] ; People v. Nelson, 186 A.D.3d 1404, 129 N.Y.S.3d 18 ). In any event, although certain of the remarks made by the prosecutor were improper, the error was harmless (see People v. Crimmins, 36 N.Y.2d 230, 241–242, 367 N.Y.S.2d 213, 326 N.E.2d 787 ), and the remarks were not so flagrant or pervasive as to have deprived the defendant of a fair trial (see People v. Nelson, 186 A.D.3d 1404, 129 N.Y.S.3d 18 ; People v. Wilkinson, 185 A.D.3d 734, 127 N.Y.S.3d 496 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
SCHEINKMAN, P.J., BALKIN, COHEN and LASALLE, JJ., concur.