| People v Fuhrtz |
| 2014 NY Slip Op 01625 [115 AD3d 760] |
| March 12, 2014 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Christopher Fuhrtz, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, EllenC. Abbot, and Andrea Alvarez-Calderon of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Latella, J.), rendered September 21, 2011, convicting him of robbery in the first degreeand robbery in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his challenges to certainremarks made by the prosecutor during summation (see CPL 470.05 [2]; People v Williams, 38 AD3d925, 926 [2007]). In any event, the challenged remarks either were responsive todefense counsel's summation, or constituted fair comment on the evidence or inferencesdrawn therefrom (see People v Ashwal, 39 NY2d 105, 109-110 [1976]; People v Birot, 99 AD3d933 [2012]; People vGuevara-Carrero, 92 AD3d 693, 695 [2012]). Under the circumstances of thiscase, defense counsel's failure to object to the challenged remarks did not constituteineffective assistance of counsel (see People v Brown, 106 AD3d 754 [2013]; People v Harris, 74 AD3d984, 986 [2010]). Eng, P.J., Balkin, Sgroi and Cohen, JJ., concur.