Opinion
2016–00279 Ind. No. 3206/14
01-16-2019
The PEOPLE, etc., Respondent, v. Joshua SIMSER, Appellant.
Paul Skip Laisure, New York, N.Y. (Caitlin Halpern of counsel), for appellant. Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane Eisner of counsel), for respondent.
Paul Skip Laisure, New York, N.Y. (Caitlin Halpern of counsel), for appellant.
Eric Gonzalez, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane Eisner of counsel), for respondent.
JOHN M. LEVENTHAL, J.P., SYLVIA O. HINDS–RADIX, COLLEEN D. DUFFY, VALERIE BRATHWAITE NELSON, JJ.
DECISION & ORDER
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Alan Marrus, J.), rendered December 3, 2015, convicting him of murder in the second degree, 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 due to allegedly improper remarks the prosecutor made during her opening statement and summation is without merit. The challenged comments either were fair comment on the evidence and the reasonable inferences to be drawn from the evidence, or otherwise did not deprive the defendant of a fair trial (see People v. Ashwal, 39 N.Y.2d 105, 109–110, 383 N.Y.S.2d 204, 347 N.E.2d 564 ; People v. Giddens, 163 A.D.3d 990, 991, 81 N.Y.S.3d 515 ; People v. Mieles, 161 A.D.3d 1196, 1197, 74 N.Y.S.3d 514 ; People v. King, 144 A.D.3d 1176, 1176–1177, 41 N.Y.S.3d 751 ).
The defendant's challenge to the Supreme Court's jury charge is unpreserved for appellate review, and, in any event, without merit (see People v. Jones, 138 A.D.3d 541, 542, 30 N.Y.S.3d 55 ; People v. Bogan, 78 A.D.3d 855, 855–856, 911 N.Y.S.2d 166 ; People v. Brown, 209 A.D.2d 428, 428, 618 N.Y.S.2d 439 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
The defendant's remaining contention is unpreserved for appellate review, and, in any event, without merit.
LEVENTHAL, J.P., HINDS–RADIX, DUFFY and BRATHWAITE NELSON, JJ., concur.