Opinion
2012-04-17
The PEOPLE, etc., respondent, v. Maurice SMITH, appellant.
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Terry–Ann Corniffe, and Allison Ageyeva of counsel), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Terry–Ann Corniffe, and Allison Ageyeva of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Marrus, J.), rendered September 9, 2009, convicting him of murder in the second degree and robbery in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that certain remarks made by the prosecutor during summation deprived him of the right to a fair trial is unpreserved for appellate review, as the defendant failed to object to the subject remarks ( see CPL 470.05[2]; People v. Williams, 46 N.Y.2d 1070, 1071, 416 N.Y.S.2d 792, 390 N.E.2d 299; People v. Charles, 57 A.D.3d 556, 556, 869 N.Y.S.2d 564). In any event, the challenged remarks were within the broad bounds of rhetorical comment permissible in closing arguments, fair comment on the evidence, or responsive to arguments and issues raised by the defense, or otherwise do not warrant reversal ( see People v. Halm, 81 N.Y.2d 819, 821, 595 N.Y.S.2d 380, 611 N.E.2d 281; People v. Galloway, 54 N.Y.2d 396, 401, 446 N.Y.S.2d 9, 430 N.E.2d 885; People v. Ashwal, 39 N.Y.2d 105, 109–110, 383 N.Y.S.2d 204, 347 N.E.2d 564; People v. Hernandez, 92 A.D.3d 802, 938 N.Y.S.2d 605; People v. Smalls, 65 A.D.3d 708, 708, 883 N.Y.S.2d 910).
The defendant received effective assistance of counsel ( see People v. Benevento, 91 N.Y.2d 708, 711–712, 674 N.Y.S.2d 629, 697 N.E.2d 584; People v. Baldi, 54 N.Y.2d 137, 146, 444 N.Y.S.2d 893, 429 N.E.2d 400).