Opinion
2015–06420 Ind.No. 8707/13
11-25-2020
The PEOPLE, etc., Respondent, v. Peter SEDENO, Appellant.
Paul Skip Laisure, New York, N.Y. (Anna Kou of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane R. Eisner, and Coby Ballard of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Anna Kou of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Diane R. Eisner, and Coby Ballard of counsel), for respondent.
JOSEPH J. MALTESE, MARK C. DILLON, JOHN M. LEVENTHAL, FRANCESCA E. CONNOLLY, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Neil Jon Firetog, J.), rendered June 22, 2015, convicting him of manslaughter in the first degree, gang assault in the first degree, and grand larceny in the fourth degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that his due process right to a fair trial was violated by alleged prosecutorial misconduct during the prosecutor's opening or summation statements is unpreserved for appellate review (see CPL 470.05[2] ). The defendant raised no objections, failed to request curative instructions, and failed to request additional relief or timely move for a mistrial on this ground (see People v. Gonzalez, 183 A.D.3d 663, 121 N.Y.S.3d 625 ). In any event, the comments at issue here were either fair response to arguments presented in summation by defense counsel, fair comment on the evidence and the reasonable inferences to be drawn therefrom (see People v. Lindsey, 172 A.D.3d 1233, 1234, 98 N.Y.S.3d 882 ; People v. Hogue, 166 A.D.3d 1009, 1011, 88 N.Y.S.3d 465 ; People v. Monteleone, 71 A.D.3d 790, 895 N.Y.S.2d 751 ), or harmless to the extent that they may have been improper (see People v. Crimmins, 36 N.Y.2d 230, 241–242, 367 N.Y.S.2d 213, 326 N.E.2d 787 ).
Moreover, the sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 85–86, 455 N.Y.S.2d 675 ). Weighing all of the relevant circumstances, the Supreme Court providently exercised its discretion in denying the defendant youthful offender treatment (see CPL 720.20[1] ; People v. Minaya, 164 A.D.3d 836, 79 N.Y.S.3d 542 ).
MALTESE, J.P., DILLON, LEVENTHAL and CONNOLLY, JJ., concur.