PEOPLE v. MEYERS (2004)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Demarest, J.), rendered June 13, 2002, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's challenges to various comments made by the prosecutor during her opening statement and summation, for the most part, are unpreserved for appellate review (see People v. Vachet, 4 A.D.3d 492, 771 N.Y.S.2d 675;  People v. Shelton, 307 A.D.2d 370, 372, 763 N.Y.S.2d 79, affd. 1 N.Y.3d 614, 615, 777 N.Y.S.2d 9, 808 N.E.2d 1268).   In any event, the comments constituted fair comment on the evidence presented or were responsive to the defense counsel's summation (see People v. Shelton, supra;  People v. Mejias, 296 A.D.2d 583, 584, 745 N.Y.S.2d 726;  People v. Rodrigues, 258 A.D.2d 482, 683 N.Y.S.2d 875;  People v. Ferrer, 245 A.D.2d 569, 570, 666 N.Y.S.2d 508).

The defendant's contentions, raised in his supplemental pro se brief, that his trial counsel was ineffective, are largely unreviewable, as they rest upon matter dehors the record (see People v. Martin, 271 A.D.2d 459, 706 N.Y.S.2d 892;  People v. Boyd, 244 A.D.2d 497, 664 N.Y.S.2d 335;  People v. Lebrun, 234 A.D.2d 392, 393, 651 N.Y.S.2d 544).   The claim is otherwise without merit as the record establishes that trial counsel rendered meaningful representation to the defendant (see People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400;  People v. Martin, supra at 460, 706 N.Y.S.2d 892;  People v. Badia, 159 A.D.2d 577, 552 N.Y.S.2d 439).