| People v Henry |
| 2009 NY Slip Op 00706 [59 AD3d 461] |
| February 3, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Darion Henry, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Victor Barall ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D'Emic, J.),rendered January 4, 2006, convicting him of criminal contempt in the first degree (eight counts)and rape in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the evidence was legally insufficient to establish his guilt ofthe crime of rape in the third degree is unpreserved for appellate review (see CPL 470.05[2]; People v Hawkins, 11 NY3d484, 492-493 [2008]). In any event, viewing the evidence in the light most favorable to thePeople (see People v Contes, 60 NY2d 620 [1983]), we find that it was legally sufficientto establish the defendant's guilt beyond a reasonable doubt. Moreover, upon our independentreview pursuant to CPL 470.15 (5), we are satisfied that the verdict of guilt was not against theweight of the evidence (see People vRomero, 7 NY3d 633 [2006]).
The defendant's contention that he was deprived of a fair trial by certain remarks made bythe prosecutor during summation is unpreserved for appellate review (see CPL 470.05[2]; People v Dorsette, 47 AD3d728 [2008]). In any event, the remarks made by the prosecutor during summation did notdeprive the defendant of a fair trial. A review of the challenged comments reveals that they wereeither [*2]fair comment on the evidence adduced at trial or fairresponse to the defense summation (seePeople v Owens, 43 AD3d 1185 [2007]; People v Salnave, 41 AD3d 872 [2007]). Spolzino, J.P., Santucci,Balkin and Chambers, JJ., concur.