The People, etc., respondent, v. Clifford Parker–Davidson, appellant.

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

The People, etc., respondent, v. Clifford Parker–Davidson, appellant.

2009–01597 (Ind.No. 1673/07)

Decided: November 29, 2011

ANITA R. FLORIO, J.P. L. PRISCILLA HALL LEONARD B. AUSTIN JEFFREY A. COHEN, JJ. Lynn W.L. Fahey, New York, N.Y. (Leila Hull of counsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and John D. Friel of counsel), for respondent.

Submitted—October 27, 2011


Appeal by the defendant from a judgment of the Supreme Court, Kings County (Konviser, J.), rendered January 21, 2009, convicting him of assault in the second degree (three counts), 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 because the prosecutor made improper remarks during his summation is unpreserved for appellate review, as the defendant either did not object to the remarks at issue or made only general objections, or his objections were sustained without any further request for curative instructions and he failed to move for a mistrial (see CPL 470.05[2];  People v. Heide, 84 N.Y.2d 943, 944;  People v. Osorio, 49 AD3d 562;  People v. Muniz, 44 AD3d 1074).   In any event, the challenged remarks and conduct either were responsive to arguments made by defense counsel, constituted fair comment on the evidence, or otherwise did not deprive the defendant of a fair trial (see People v. Hudson, 54 AD3d 774;  People v. Olivo, 23 AD3d 584).

There is no merit to the defendant's contention that he was deprived of the effective assistance of counsel based solely on his attorney's failure to object to the alleged prosecutorial misconduct (see People v. Dunn, 54 AD3d 871, citing People v. Benevento, 91 N.Y.2d 708, 712).

FLORIO, J.P., HALL, AUSTIN and COHEN, JJ., concur.


Matthew G. Kiernan

Clerk of the Court

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