People v Forest

2008 NY Slip Op 05719

Decided on June 17, 2008

Appellate Division, Second Department

This opinion is uncorrected and subject to revision before publication in the Official Reports.

Decided on June 17, 2008
APPELLATE DIVISION : SECOND JUDICIAL DEPARTMENT
PETER B. SKELOS, J.P.
FRED T. SANTUCCI
RUTH C. BALKIN
CHERYL E. CHAMBERS, JJ.
2006-09940
(Ind. No. 3000/05)






Lynn W. L. Fahey, New York, N.Y. (Kendra L. Hutchinson of
counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard
Joblove, Jodi L. Mandel, and Maria
Park of counsel), for respondent.


DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered October 5, 2006, convicting him of sexual abuse in the first degree, criminal possession of a weapon in the fourth degree, menacing in the second degree, and criminal contempt in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's arguments regarding alleged improper summation remarks are unpreserved for appellate review (see CPL 470.05[2]; People v Jackson, 41 AD3d 498, 499, lv denied 9 NY3d 876; People v Hines, 18 AD3d 882, 883-884; People v Morris, 2 AD3d 652, 653). In any event, the challenged remarks constituted fair comment on, or reasonable inferences drawn from, the evidence, or were harmless (see People v Johnson, 3 AD3d 581, 582; People v Adamo, 309 AD2d 808, 809-810; cf. People v Ashwal, 39 NY2d 105, 109-110).
SKELOS, J.P., SANTUCCI, BALKIN and CHAMBERS, JJ., concur.

ENTER:

James Edward Pelzer

Clerk of the Court