| People v Grant |
| 2014 NY Slip Op 07518 [122 AD3d 643] |
| November 5, 2014 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Paul Grant, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (De Nice Powell of counsel), for appellant.
Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Jobloveand Jill Oziemblewski of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County(Firetog, J.), rendered November 10, 2008, convicting him of murder in the seconddegree and robbery in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that certaintestimony by the detectives violated his right to confrontation (see CPL 470.05[2]). In any event, the claim is without merit, as the challenged testimony was not offeredfor the truth of the matter asserted, but rather, to explain the actions of the police inconducting a joint investigation and the events leading up to the defendant's arrest (see People v Reynoso, 2 NY3d820, 821 [2004]; People vRahman, 119 AD3d 820 [2014]).
The defendant's contention that the prosecutor elicited improper opinion testimonyfrom the detectives, thereby usurping the jury's fact-finding role, is unpreserved forappellate review (see People vMinter, 106 AD3d 934, 934 [2013]) and, in any event, without merit (see People v Kozlowski, 11NY3d 223, 240 [2008]; People v Minter, 106 AD3d at 934).
The defendant failed to preserve for appellate review his present challenge to theprosecutor's summation (see CPL 470.05 [2]). In any event, the subjectsummation remarks were permissible as either fair comment on the evidence orresponsive to the defendant's summation (see People v Evans, 116 AD3d 879, 880 [2014]).
Contrary to the defendant's contention, the Supreme Court properly excluded, ashearsay evidence, a certain statement made by one victim to the police, and of atelephone conversation between the father of another victim and an anonymous person(see People v Hayes, 17NY3d 46, 53 [2011]; People v Caviness, 38 NY2d 227, 230 [1975]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]). Balkin, J.P., Leventhal, Hinds-Radix and LaSalle, JJ., concur.