Opinion
2016–05908 Ind.No. 3085/14
08-28-2019
The PEOPLE, etc., Respondent, v. Luis RODRIGUEZ, Appellant.
Paul Skip Laisure, New York, N.Y. (Iskuhi Grigoryev of counsel), for appellant. John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Kathryn A.A. O'Neill of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Iskuhi Grigoryev of counsel), for appellant.
John M. Ryan, Acting District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, Ellen C. Abbot, and Kathryn A.A. O'Neill of counsel), for respondent.
CHERYL E. CHAMBERS, J.P., LEONARD B. AUSTIN, COLLEEN D. DUFFY, LINDA CHRISTOPHER, JJ.
DECISION & ORDER ORDERED that the judgment is affirmed.
The defendant was convicted of criminal possession of a weapon in the second degree arising from a traffic stop in Queens.
The defendant's contention that certain remarks made by the prosecutor in summation deprived him of a fair trial is unpreserved for appellate review, since the defendant either did not object to the remarks, made only a general objection, or failed to request further curative relief when his objections were sustained (see CPL 470.05[2] ; People v. Barrett, 159 A.D.3d 1018, 1018–1019, 70 N.Y.S.3d 397 ; People v. Beer, 146 A.D.3d 895, 897, 47 N.Y.S.3d 38 ; People v. Guzman, 138 A.D.3d 1140, 31 N.Y.S.3d 146 ). In any event, the contention is without merit, as the remarks were fair comment on the evidence and the reasonable inferences to be drawn therefrom, fair response to the defense summation, permissible rhetorical comment, or do not otherwise require reversal (see People v. Taylor, 159 A.D.3d 734, 735, 71 N.Y.S.3d 580 ; People v. Kaval, 154 A.D.3d 875, 876, 63 N.Y.S.3d 411 ; People v. Carter, 152 A.D.3d 786, 56 N.Y.S.3d 471 ; People v. Rudenko, 151 A.D.3d 1084, 1085, 54 N.Y.S.3d 597 ).
CHAMBERS, J.P., AUSTIN, DUFFY and CHRISTOPHER, JJ., concur.