2014 NY Slip Op 01625
N.Y. App. Div. 2nd
2014

People v Fuhrtz

Appellate Division, Second Department

March 12, 2014

2014 NY Slip Op 01625 [115 AD3d 760]

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. As corrected through Wednesday, April 30, 2014

The People of the State of New York, Respondent, v Christopher Fuhrtz, Appellant.

Lynn W. L. Fahey, New York, N.Y. (Casey Rose Scott of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Andrea Alvarez-Calderon of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered September 21, 2011, convicting him of robbery in the first degree and robbery in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant failed to preserve for appellate review his challenges to certain remarks made by the prosecutor during summation (see CPL 470.05 [2]; People v Williams, 38 AD3d 925, 926 [2007]). In any event, the challenged remarks either were responsive to defense counsel‘s summation, or constituted fair comment on the evidence or inferences drawn therefrom (see People v Ashwal, 39 NY2d 105, 109-110 [1976]; People v Birot, 99 AD3d 933 [2012]; People v Guevara-Carrero, 92 AD3d 693, 695 [2012]). Under the circumstances of this case, defense counsel‘s failure to object to the challenged remarks did not constitute ineffective assistance of counsel (see People v Brown, 106 AD3d 754 [2013]; People v Harris, 74 AD3d 984, 986 [2010]). Eng, P.J., Balkin, Sgroi and Cohen, JJ., concur.