People v Gabriel
2011 NY Slip Op 05736 [85 AD3d 1201]
June 28, 2011
Appellate Division, Second Department
As corrected through Wednesday, August 10, 2011


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

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

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 (Latella, J.),rendered August 4, 2009, convicting him of criminal possession of a weapon in the seconddegree (two counts) and criminal possession of a weapon in the third 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, since the defendant failedto object or raised only general objections to the prosecutor's summation remarks (seeCPL 470.05; People v St. Juste, 83AD3d 742 [2011]). In any event, to the extent that any of the challenged remarks wereimproper, they did not deprive the defendant of a fair trial (see People v Thompson, 271AD2d 555 [2000]).

The defendant was not deprived of the effective assistance of counsel, as the record revealsthat defense counsel provided meaningful representation (see People v Baldi, 54 NY2d137 [1981]). Dillon, J.P., Covello, Chambers and Roman, JJ., concur.


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