The People, etc., respondent, v. Shomari Fortune, appellant. (2010)

Argued-January 22, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered October 27, 2006, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The Supreme Court providently exercised its discretion in precluding the defendant from calling a witness at trial to present certain evidence since the only purpose of the evidence would have been to impeach the credibility of the arresting police officers on a collateral matter (see People v. Alvino, 71 N.Y.2d 233, 247-248;  People v. Fowler, 61 AD3d 698, 698;  People v. Rendon, 301 A.D.2d 665;  People v. Ragland, 240 A.D.2d 598).

Contrary to the defendant's contention, the prosecutor's comments during summation did not deprive him of a fair trial, as they were a fair response to the defendant's attack on the credibility of the police witnesses (see People v. Galloway, 54 N.Y.2d 396;  People v. Avila, AD3d, 2010 N.Y. Slip Op 00162 [2d Dept 2010];  People v. Robinson, 63 AD3d 531, 532;  People v. Barnes, 33 AD3d 811;  People v. Vaughn, 209 A.D.2d 459).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80).

SANTUCCI, J.P., DICKERSON, CHAMBERS and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court