The People, etc., respondent, v. Marvin St. Juste, appellant. (2011)

Supreme Court, Appellate Division, Second Department, New York.

The People, etc., respondent, v. Marvin St. Juste, appellant.

2009–06027 (Ind.No. 7943 /07)

Decided: April 05, 2011

WILLIAM F. MASTRO, J.P. PETER B. SKELOS RUTH C. BALKIN SHERI S. ROMAN, JJ.

Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure and Matthew B. Larsen of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum Nemec of counsel), for respondent.

Submitted—March 4, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 4, 2009, convicting him of manslaughter in the first 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, as he failed to object to the comments (see CPL 470.05[2]; People v. Amico, 78 AD3d 1190; People v. Torres, 71 AD3d 1063). 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. Rayford, 80 AD3d 780; People v. Cruz, 79 AD3d 1145; People v. Rudd, 62 AD3d 729).

The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 83).

The defendant's remaining contention is without merit.

MASTRO, J.P., SKELOS, BALKIN and ROMAN, JJ., concur.

ENTER:

Matthew G. Kiernan

Clerk of the Court

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