People v Brown
2009 NY Slip Op 02375 [60 AD3d 962]
March 24, 2009
Appellate Division, Second Department
As corrected through Wednesday, May 6, 2009


The People of the State of New York,Respondent,
v
Curtis Brown, Appellant.

[*1]Lynn W. L. Fahey, New York, N.Y. (Jonathan M. Kratter of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Keith Dolan ofcounsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.),rendered December 18, 2006, as amended January 10, 2007, convicting him of murder in thesecond degree, attempted murder in the second degree, and criminal possession of a weapon inthe second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment, as amended, is affirmed.

The defendant's contention that he was denied a fair trial by comments made by theprosecutor during his cross-examination and the prosecutor's summation is unpreserved forappellate review (see CPL 470.05 [2]; People v Williams, 305 AD2d 703[2003]). In any event, any error was harmless (see People v Crimmins, 36 NY2d 230,242 [1975]; People v Bailey, 272 AD2d 621 [2000]).

The defendant's contention that he was denied the effective assistance of counsel is withoutmerit (see People v Tonge, 93 NY2d 838 [1999]; People v Benevento, 91 NY2d708, 713 [1998]). Rivera, J.P., Florio, Dickerson and Chambers, JJ., concur.


NYPTI Decisions © 2026 is a project of New York Prosecutors Training Institute (NYPTI) made possible by leveraging the work we've done providing online research and tools to prosecutors.

NYPTI would like to thank New York State Division of Criminal Justice Services, New York State Senate's Open Legislation Project, New York State Unified Court System, New York State Law Reporting Bureau and Free Law Project for their invaluable assistance making this project possible.

Install the free RECAP extensions to help contribute to this archive. See https://free.law/recap/ for more information.