People v Smith

People v Smith 2012 NY Slip Op 02899 Decided on April 17, 2012 Appellate Division, Second Department Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on April 17, 2012
SUPREME COURT OF THE STATE OF NEW YORKAPPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
REINALDO E. RIVERA, J.P.
ANITA R. FLORIO
CHERYL E. CHAMBERS
JEFFREY A. COHEN, JJ.
2009-09033
(Ind. No. 1653/08)

[*1]The People of the State of New York, 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.


DECISION & ORDER

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 NY2d 1070, 1071; People v Charles, 57 AD3d 556, 556). 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 NY2d 819, 821; People v Galloway, 54 NY2d 396, 401; People v Ashwal, 39 NY2d 105, 109-110; People v Hernandez, 92 AD3d 802; People v Smalls, 65 AD3d 708, 708).

The defendant received effective assistance of counsel (see People v Benevento, 91 NY2d 708, 711-712; People v Baldi, 54 NY2d 137, 146).
RIVERA, J.P., FLORIO, CHAMBERS and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court