| People v Monteleone |
| 2010 NY Slip Op 01988 [71 AD3d 790] |
| March 9, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JohnMonteleone, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C.Abbot, and Marilyn A. Filingeri of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Knopf, J.),rendered May 5, 2008, convicting him of assault in the second degree and criminal possession ofa weapon in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that he was deprived of a fair trial as a result of the prosecutor'smisconduct on summation is without merit. Most of the challenged remarks were proper becausethey constituted either fair comment upon the evidence or a fair response to the defensesummation (see People v Ashwal, 39 NY2d 105, 109-110 [1976]; People v Nieves, 2 AD3d 539[2003]; People v Ivory, 307 AD2d 1000, 1001 [2003]). With respect to the remainingchallenged remarks, the trial court's instructions served to ameliorate any prejudicial effect thatmay have resulted (see People v Barnes, 80 NY2d 867 [1992]; People vGalloway, 54 NY2d 396 [1981]; People v Martinez, 58 AD3d 754, 756 [2009]; People vIvory, 307 AD2d at 1001; People v Harris, 84 AD2d 63, 104 [1981]). Moreover, anyerror resulting from the challenged remarks, both individually and cumulatively, was harmless(see People v Crimmins, 36 NY2d 230, 241 [1975]; People v White, 5 AD3d 511, 512 [2004]; People v Ivory,307 AD2d at 1001; see also People vHollenquest, 48 AD3d 592, 593 [2008]). Skelos, J.P., Florio, Hall and Austin, JJ.,concur.