Opinion
2011-11-29
The PEOPLE, etc., respondent, v. Clifford PARKER–DAVIDSON, appellant.
Lynn W.L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and John D. Friel of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and John D. Friel of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Konviser, J.), rendered January 21, 2009, convicting him of assault in the second degree (three counts), upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that he was deprived of a fair trial because the prosecutor made improper remarks during his summation is unpreserved for appellate review, as the defendant either did not object to the remarks at issue or made only general objections, or his objections were sustained without any further request for curative instructions and he failed to move for a mistrial ( see CPL 470.05[2]; People v. Heide, 84 N.Y.2d 943, 944, 620 N.Y.S.2d 814, 644 N.E.2d 1370; People v. Osorio, 49 A.D.3d 562, 855 N.Y.S.2d 163; People v. Muniz, 44 A.D.3d 1074, 844 N.Y.S.2d 396). In any event, the challenged remarks and conduct either were responsive to arguments made by defense counsel, constituted fair comment on the evidence, or otherwise did not deprive the defendant of a fair trial ( see People v. Hudson, 54 A.D.3d 774, 864 N.Y.S.2d 64; People v. Olivo, 23 A.D.3d 584, 806 N.Y.S.2d 594).
There is no merit to the defendant's contention that he was deprived of the effective assistance of counsel based solely on his attorney's failure to object to the alleged prosecutorial misconduct ( see People v. Dunn, 54 A.D.3d 871, 864 N.Y.S.2d 107, citing People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584).