| People v Lenoir |
| 2008 NY Slip Op 10026 [57 AD3d 802] |
| December 16, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JamesLenoir, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and JudithAarons of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Del Giudice, J.),rendered February 15, 2007, convicting him of criminal possession of a weapon in the third degree,upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People v Contes,60 NY2d 620 [1983]), we find that it was legally sufficient to establish the defendant's guilt beyond areasonable doubt (see People v Vigil, 31AD3d 794 [2006]; People v Davis,9 AD3d 468 [2004]; People v Rodriguez, 238 AD2d 447 [1997]). Moreover, upon ourindependent review pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was notagainst the weight of the evidence (seePeople v Romero, 7 NY3d 633 [2006]). We find that the jury properly credited the testimonyof police witnesses notwithstanding any minor discrepancies and inconsistencies in that testimony(id.).
The defendant's contention that certain comments by the prosecutor were improper is unpreservedfor appellate review (see CPL 470.05 [2]). In any event, the comments were within the boundsof permissible rhetoric, fair comment on the evidence, or a fair response to defense counsel'ssummation (see People v Galloway, 54 NY2d 396 [1981]; People v Applewhite, 50 AD3d 1046[2008]; People v Hayes, 48 AD3d831 [2008]; People v McHarris, 297 AD2d 824, 825 [2002]). Defense counsel's failureto object to the prosecutor's remarks during summation did not constitute ineffective assistance ofcounsel where the subject remarks were made in response to defense counsel's comments on [*2]credibility and conflicts between the testimony of the prosecution'switnesses and that of the defense witnesses (see People v DeLeon, 35 AD3d 758 [2006]). Mastro, J.P., Florio, Engand Chambers, JJ., concur.