| People v Scott |
| 2012 NY Slip Op 06826 [99 AD3d 817] |
| October 10, 2012 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Stephen Scott, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, andJordan W. Rossman of counsel; James Tuomey on the brief), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Konviser,J.), rendered December 17, 2008, convicting him of murder in the second degree and criminalpossession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention regarding allegedly improper comments made by the prosecutorduring summation is not preserved for appellate review (see CPL 470.05 [2]), as thedefendant either failed to object to the challenged comments or made only a general objection(see People v Balls, 69 NY2d 641, 642 [1986]). In any event, the challenged remarkswere not improper, since they constituted fair comment on the evidence, were a fair response tothe defense summation (see People vColon, 45 AD3d 776 [2007]; People v Urena, 24 AD3d 693 [2005]), or were harmless, as theevidence of the defendant's guilt was overwhelming, and there is no significant probability thatthe allegedly improper comments contributed to the defendant's convictions (see People vCrimmins, 36 NY2d 230, 241-242 [1975]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant's contention, raised in his pro se supplemental brief, that the trial court erredin permitting the People to introduce expert testimony concerning the customs and practices ofstreet gangs, is not preserved for appellate review (see CPL 470.05 [2]). In any event,under the circumstances of this case, the expert testimony was properly admitted as probative ofthe defendant's motive for shooting and killing the victim (see People v Scott, 70 AD3d 977 [2010]; People v Avila,303 AD2d 165 [2003]). Dillon, J.P., Dickerson, Austin and Miller, JJ., concur.