Opinion
Submitted October 24, 2000
November 28, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Knipel, J.), rendered October 14, 1998, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Jeffrey I. Richman of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Anthea H. Bruffee, and Tziyonah M. Langsam of counsel), for respondent.
Before: LAWRENCE J. BRACKEN, J.P., DAVID S. RITTER, WILLIAM D. FRIEDMANN, ANITA R. FLORIO, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant contends that the prosecutor improperly commented on his pretrial silence in violation of his rights under the Fifth and Fourteenth Amendments of the United States Constitution during summation. However, the prosecutor's remark constituted a fair comment on the defendant's trial testimony regarding his actions after the crime and did not improperly refer to his prearrest silence (see, People v. Conyers, 52 N.Y.2d 454; People v. Mejia, 256 A.D.2d 422; People v. Dyer, 201 A.D.2d 498).
The defendant's sentence is not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contention is unpreserved for appellate review (see, People v. Scotti, 220 A.D.2d 543) and, in any event, without merit.