Opinion
No. 2009-06027.
April 5, 2011.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 4, 2009, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Paul Skip Laisure and Matthew B. Larsen of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum Nemec of counsel), for respondent.
Before: Mastro, J.P., Skelos, Balkin and Roman, JJ.
Ordered that the judgment is affirmed.
The defendant's contention that he was deprived of a fair trial by certain comments made by the prosecutor during summation is unpreserved for appellate review, as he failed to object to the comments ( see CPL 470.05; People v Amico, 78 AD3d 1190; People v Torres, 71 AD3d 1063). In any event, to the extent that any of the challenged remarks were improper, they did not deprive the defendant of a fair trial ( see People v Ray ford, 80 AD3d 780; People v Cruz, 79 AD3d 1145; People v Rudd, 62 AD3d 729).
The sentence imposed was not excessive ( see People v Suitte, 90 AD2d 80, 83).
The defendant's remaining contention is without merit.