The People, etc., respondent, v. William Wright, appellant. (2011)

Argued—November 14, 2011

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Firetog, J.), rendered April 7, 2008, convicting him of manslaughter in the first degree, assault in the second degree, and criminal possession of a weapon in the fourth 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 remarks made by the prosecutor during summation is unpreserved for appellate review as he did not object to the remarks at issue (see CPL 470.05[2];  People v. Medina, 53 N.Y.2d 951, 953;  People v. Clemente, 84 AD3d 829, 830–831;  People v. Charles, 57 AD3d 556, 556;  People v. Gill, 54 AD3d 965, 966).   In any event, the challenged remarks were fair comment on the evidence, permissible rhetorical comment, or responsive to defense counsel's summation (see People v. Ashwal, 39 N.Y.2d 105, 109–110).

The defendant's contention concerning the trial court's charge on the issue of justification also is unpreserved for appellate review, as the defendant failed to object to the charge as given or request a supplemental charge (see CPL 470.05[2];  People v. Brooks, 71 AD3d 1043, 1043;  People v. Peterkin, 23 AD3d 678, 678;  People v. Moultrie, 6 AD3d 730, 730).   In any event, the trial court's charge, viewed in its entirety, adequately conveyed the appropriate standard to the jury (see People v. Wesley, 76 N.Y.2d 555, 559;  People v. Goetz, 68 N.Y.2d 96, 114;  People v. Moultrie, 6 AD3d at 730;  People v. Martinez, 243 A.D.2d 732, 732).

Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel (see People v. Benevento, 91 N.Y.2d 708, 714;  People v. Baldi, 54 N.Y.2d 137, 147;  People v. Brooks, 71 AD3d at 1043).

SKELOS, J.P., HALL, LOTT and COHEN, JJ., concur.

ENTER:

Aprilanne Agostino

Clerk of the Court