People v St. Juste

2011 NY Slip Op 02910 [83 AD3d 742]

April 5, 2011

Appellate Division, Second Department

As corrected through Wednesday, June 8, 2011

The People of the State of New York,Respondent, v Marvin St. Juste, Appellant.

—[*1]Lynn W.L. Fahey, New York, N.Y. (Paul Skip Laisure and Matthew B. Larsen ofcounsel), for appellant. Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Jobloveand Shulamit Rosenblum Nemec of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.),rendered June 4, 2009, convicting him of manslaughter in the first 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 by certain comments made bythe prosecutor during summation is unpreserved for appellate review, as he failed to object to thecomments (see CPL 470.05 [2]; People v Amico, 78 AD3d 1190 [2010]; People v Torres, 71 AD3d 1063[2010]). In any event, to the extent that any of the challenged remarks were improper, they didnot deprive the defendant of a fair trial (see People v Rayford, 80 AD3d 780 [2011]; People v Cruz, 79 AD3d 1145[2010]; People v Rudd, 62 AD3d729 [2009]).

The sentence imposed was not excessive (see People v Suitte, 90AD2d 80, 83 [1982]).

The defendant's remaining contention is without merit. Mastro, J.P., Skelos, Balkin andRoman, JJ., concur.