People v Beverly

2013 NY Slip Op 08453 [112 AD3d 843]

December 18, 2013

Appellate Division, Second Department

As corrected through Wednesday, January 29, 2014

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

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

Daniel M. Donovan, Jr., District Attorney, Staten Island, N.Y. (Morrie I. Kleinbartand Michael Shollar of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Richmond County(Collini, J.), rendered April 28, 2011, convicting him of criminal contempt in the firstdegree, 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 because the prosecutormade improper remarks during her summation is unpreserved for appellate review, as thedefendant did not object to the remarks at issue (see CPL 470.05 [2]; People v Romero, 7 NY3d911, 912 [2006]). In any event, the challenged remarks were responsive toarguments made by defense counsel in summation or constituted fair comment on theevidence (see People v Halm, 81 NY2d 819, 821 [1993]; People vGalloway, 54 NY2d 396, 399 [1981]; People v Ashwal, 39 NY2d 105,109-110 [1976]). Dickerson, J.P., Hall, Cohen and Miller, JJ., concur.