| People v Gonzalez |
| 2011 NY Slip Op 03630 [83 AD3d 1093] |
| April 26, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Carlos Gonzalez, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C.Abbot, and Brooke E. Barnes of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.),rendered May 26, 2009, convicting him of robbery in the first degree, robbery in the seconddegree, criminal possession of a weapon in the fourth degree, and criminal possession of stolenproperty in the fifth 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 purportedlyinflammatory remarks made by the prosecutor in the opening statement is unpreserved forappellate review, as the defendant failed to object to the challenged remarks (see CPL470.05 [2]). In any event, the " 'prosecutor's opening statement adequately described what thePeople intended to prove, and properly prepared the jury to resolve the factual issues at the trial' "(People v Helenese, 75 AD3d 653, 655 [2010], quoting People v Larios, 25AD3d 569, 570 [2006]; People v Umoja, 70 AD3d 867, 868 [2010]; People vGarson, 69 AD3d 650, 651 [2010]).
The defendant also contends that he was deprived of a fair trial because of certain allegedlyimproper comments made by the prosecutor on summation. The defendant's contentions,however, are not preserved for appellate review (see CPL 470.05 [2]). In any event,although several of the prosecutor's comments would have been better left unsaid, they did not,singly or in combination, deprive the defendant of a fair trial (see People v Valencia, 80AD3d 632 [2011]; People v Garcia-Villegas, 78 AD3d 727 [2010]; People vTurner, 34 AD3d 705 [2006]; People v Shelton, 307 AD2d 370 [2003], affd1 NY3d 614 [2004]).
The defendant's remaining contention is without merit. Prudenti, P.J., Dillon, Balkin andSgroi, JJ., concur.