| People v Parker-Davidson |
| 2011 NY Slip Op 08784 [89 AD3d 1114] |
| November 29, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v CliffordParker-Davidson, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and JohnD. Friel of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Konviser, J.),rendered January 21, 2009, convicting him of assault in the second degree (three counts), upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that he was deprived of a fair trial because the prosecutor madeimproper remarks during his summation is unpreserved for appellate review, as the defendant either didnot object to the remarks at issue or made only general objections, or his objections were sustainedwithout any further request for curative instructions and he failed to move for a mistrial (seeCPL 470.05 [2]; People v Heide, 84 NY2d 943, 944 [1994]; People v Osorio, 49 AD3d 562[2008]; People v Muniz, 44 AD3d1074 [2007]). In any event, the challenged remarks and conduct either were responsive toarguments made by defense counsel, constituted fair comment on the evidence, or otherwise did notdeprive the defendant of a fair trial (seePeople v Hudson, 54 AD3d 774 [2008]; People v Olivo, 23 AD3d 584 [2005]).
There is no merit to the defendant's contention that he was deprived of the effective assistance ofcounsel based solely on his attorney's failure to object to the alleged prosecutorial misconduct (see People v Dunn, 54 AD3d 871[2008], citing People v Benevento, 91 NY2d 708, 712 [1998]). Florio, J.P., Hall, Austin andCohen, JJ., concur.