| People v Dunn |
| 2008 NY Slip Op 07004 [54 AD3d 871] |
| September 16, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Ernestine Dunn, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Sullivan, J.),rendered February 23, 2006, convicting her of criminal sale of a controlled substance in the thirddegree and criminal possession of a controlled substance in the third degree, upon a jury verdict,and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that she was deprived of a fair trial because the prosecutor madeimproper remarks during her opening statement and summation and otherwise engaged inmisconduct during the trial is unpreserved for appellate review (see CPL 470.05 [2]; People v Hollenquest, 48 AD3d592 [2008], lv denied 10 NY3d 864 [2008]). In any event, the challenged remarksand conduct either were responsive to arguments made by defense counsel, constituted faircomment on the evidence, or otherwise did not deprive the defendant of a fair trial (see People v Olivo, 23 AD3d 584[2005]).
The defendant's contention that she was denied the effective assistance of counsel basedsolely on her attorney's failure to object to the alleged prosecutorial misconduct is without merit(see People v [*2]Benevento, 91 NY2d 708, 712 [1998];People v Robbins, 48 AD3d711 [2008], lv denied 10 NY3d 869 [2008]; People v Gonzalez, 44 AD3d 790, 791 [2007]; People vSerrano, 163 AD2d 66, 68 [1990]). Prudenti, P.J., Ritter, Florio and McCarthy, JJ., concur.