Opinion
April 30, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Ruchelsman, J.), rendered March 5, 1998, convicting him of manslaughter in the second degree, upon a jury verdict, and imposing sentence.
Before: Altman, J.P., Krausman, Luciano and Cozier, JJ., concur.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the People ( see, People v Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt ( see, Penal Law § 125.15; § 15.05 [3]). Moreover, upon the exercise of our factual review, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPU 470.15 [5]; People v Gaimari, 176 N.Y. 84; People v Martinez, 186 A.D.2d 824).
There was no prosecutorial misconduct during summation. The prosecutor's remarks constituted fair comment on the evidence and were responsive to remarks made by the defense counsel ( see, People v Morgan, 66 N.Y.2d 255).
The defendant's contention that the trial court improperly sentenced him as a second felony offender by referring to case law from the State of Georgia to determine whether his conviction under a Georgia statute was the equivalent of a New York felony, is not preserved for appellate review ( see, People v Samms, 95 N.Y.2d 52). In any event, this contention is without merit ( see, People v Muniz, 74 N.Y.2d 464; People v Jackson, 211 A.D.2d 495).