The People, etc., respondent, v. George K. Jacob, appellant.

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

The People, etc., respondent, v. George K. Jacob, appellant.

2007-07969 (Ind.No. 1510/06)

Decided: May 25, 2010

PETER B. SKELOS, J.P. JOSEPH COVELLO L. PRISCILLA HALL SANDRA L. SGROI, JJ. Raiser & Kenniff, P.C., Mineola, N.Y. (Thomas A. Kenniff of counsel), for appellant. Kathleen M. Rice, District Attorney, Mineola, N.Y. (Robert A. Schwartz and Donald Berk of counsel), for respondent.

Submitted-May 6, 2010

DECISION & ORDER

Appeal by the defendant from a judgment of the County Court, Nassau County (Peck, J.), rendered July 17, 2007, convicting him of attempted assault in the second degree and arson in the fourth degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant correctly contends that the County Court's Sandoval ruling (see People v. Sandoval, 34 N.Y.2d 371) improperly allowed the prosecutor to elicit underlying facts of the defendant's prior conviction involving the same complainant and similar acts (cf.  People v. Mack, 6 AD3d 551;  People v. Ricks, 135 A.D.2d 844).   However, the evidence of the defendant's guilt was overwhelming and there was no significant probability that the error contributed to defendant's conviction (see People v. Jackson, 8 NY3d 869, 871;  People v. Crimmins, 36 N.Y.2d 230).

The defendant's contention that the prosecutor's remarks during summation deprived him of a fair trial is unpreserved for appellate review since he failed to object to those specific remarks at trial (see People v. Anderson, 24 AD3d 460;  People v. Williams, 303 A.D.2d 772;  People v. Hughes, 280 A.D.2d 694).   In any event, the prosecutor's remarks constituted fair comment on the evidence and fair response to defense counsel's summation (see People v. Garcia, 66 AD3d 699).   Thus, the remarks did not deprive the defendant of a fair trial (see People v. Thornton, 4 AD3d 561, 562).

SKELOS, J.P., COVELLO, HALL and SGROI, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court

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