| People v Garcia-Villegas |
| 2010 NY Slip Op 07957 [78 AD3d 727] |
| November 3, 2010 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v RicardoGarcia-Villegas, Appellant. |
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Appeal by the defendant from a judgment of the Supreme Court, Queens County (Gavrin, J.),rendered March 24, 2008, convicting him of murder in the second degree, tampering with physicalevidence, and criminal possession of a weapon in the fourth degree, upon a jury verdict, and imposingsentence.
Ordered that the judgment is affirmed.
The defendant contends that he was deprived of his right to a fair trial because of certain allegedlyimproper comments made by the prosecutor on summation. The defendant's contentions, however, arenot preserved for appellate review (see CPL 470.05 [2]), inasmuch as the defendant eitherfailed to object to the comments he now challenges, or made only general objections (see People vHarris, 98 NY2d 452, 491 n 18 [2002]; People v Tonge, 93 NY2d 838, 839-840[1999]; People v Jones, 76 AD3d716 [2010]; People v Banks, 74AD3d 1214 [2010], lv denied 15 NY3d 849 [2010]; People v Bey, 71 AD3d 1156 [2010]). In any event, although several ofthe prosecutor's comments were better left unsaid, they did not, singly or in combination, deprive thedefendant of a fair trial (see People vLewis, 72 AD3d 705, 707 [2010]; People v Porco, 71 AD3d 791 [2010], lv granted 15 NY3d854 [2010]; People v Walser, 71 AD3d706 [2010]; People v Valerio, 70AD3d 869 [2010]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant's contention raised in his supplemental pro se brief is unpreserved for appellatereview (see CPL 470.05 [2]) and, in any event, under the circumstances of this case, does notrequire reversal (cf. CPL 470.15 [6] [a]).
The defendant's remaining contention is without merit. Fisher, J.P., Santucci, Eng and Sgroi, JJ.,concur.