People v Gabriel

Jun 28, 2011
2009-08109
Versions:2011 NY Slip Op 05736
85 AD3d 1201

Lynn W. L. Fahey, New York, N.Y. (Anna Pervukhin of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C. Abbot, and Brooke E. Barnes of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Latella, J.), rendered August 4, 2009, convicting him of criminal possession of a weapon in the second degree (two counts) and criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

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, since the defendant failed to object or raised only general objections to the prosecutor‘s summation remarks (see CPL 470.05; People v St. Juste, 83 AD3d 742 [2011]). 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 Thompson, 271 AD2d 555 [2000]).

The defendant was not deprived of the effective assistance of counsel, as the record reveals that defense counsel provided meaningful representation (see People v Baldi, 54 NY2d 137 [1981]). Dillon, J.P., Covello, Chambers and Roman, JJ., concur.