PEOPLE v. BLOUNT (2008)

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feldman, J.), rendered December 7, 2004, convicting him of robbery in the first degree (four counts), attempted robbery in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the People's contention, the defendant's objection to the court's Sandoval ruling (see People v. Sandoval, 34 N.Y.2d 371, 357 N.Y.S.2d 849, 314 N.E.2d 413) was preserved for appellate review (see CPL 470.05[2] ).   However, the Sandoval ruling was a provident exercise of the court's discretion (see People v. Andrews, 30 A.D.3d 434, 818 N.Y.S.2d 110;  People v. Cruz, 21 A.D.3d 967, 801 N.Y.S.2d 65;  People v. Nanton, 18 A.D.3d 671, 795 N.Y.S.2d 648).

 The defendant's contention that certain comments made by the prosecutor during summation were improper and deprived him of a fair trial is unpreserved for appellate review, as the defendant did not object to the remarks (see CPL 470.05[2];  People v. Romero, 7 N.Y.3d 911, 912, 828 N.Y.S.2d 274, 861 N.E.2d 89).   In any event, the challenged comments either were fair response to the defendant's summation (see People v. Small, 45 A.D.3d 705, 844 N.Y.S.2d 880;  People v. Salnave, 41 A.D.3d 872, 838 N.Y.S.2d 657;  People v. McHarris, 297 A.D.2d 824, 825, 748 N.Y.S.2d 57), or, if improper, did not deprive him of a fair trial (see People v. Crimmins, 36 N.Y.2d 230, 367 N.Y.S.2d 213, 326 N.E.2d 787).

 The defendant accomplished the first degree robberies through separate and distinct acts committed against four different individuals.   While the statutory elements overlap, the commission of the robberies through separate and distinct acts permitted the imposition of consecutive sentences, even though those robberies were part of a single extended criminal transaction (see People v. Ramirez, 89 N.Y.2d 444, 654 N.Y.S.2d 998, 677 N.E.2d 722;  see also People v. Laureano, 87 N.Y.2d 640, 642 N.Y.S.2d 150, 664 N.E.2d 1212;  People v. Smith, 46 A.D.3d 583, 845 N.Y.S.2d 914;  People v. Stewartson, 25 A.D.3d 629, 808 N.Y.S.2d 725;  People v. Summers, 20 A.D.3d 546, 799 N.Y.S.2d 534).