| People v Carter |
| 2015 NY Slip Op 06359 [130 AD3d 1060] |
| July 29, 2015 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Ronald Carter, Appellant. |
Lynn W.L. Fahey, New York, N.Y. (Ronald Zapata of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano,Johnnette Traill, and Kayonia L. Whetstone of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Buchter, J.), rendered September 4, 2013, convicting him of criminal sale of a controlledsubstance in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that certain comments made by the prosecutor during hisopening statement and summation were improper and deprived him of a fair trial islargely unpreserved for appellate review, because he either failed to object, or made onlygeneral objections, to most of the challenged remarks (see CPL 470.05 [2]; People v Johnson, 127 AD3d1234 [2015]; People vTerry, 122 AD3d 882 [2014]; People v Philips, 120 AD3d 1266 [2014]). In any event, thechallenged remarks were fair comment on the evidence and the reasonable inferences tobe drawn therefrom (see Peoplev Ramrattan, 126 AD3d 1013 [2015]; People v Williams, 123 AD3d 1152 [2014]; see alsoPeople v Vargas, 168 AD2d 317 [1990]), fair response to the defense summation (see People v Johnson, 127AD3d 1234 [2015]), or do not otherwise require reversal (see People vGalloway, 54 NY2d 396, 399 [1981]; People v Ashwal, 39 NY2d 105,109-110 [1976]; People vRivera, 128 AD3d 857 [2015]; People v Philips, 120 AD3d 1266 [2014]).
Further, defense counsel's failure to object, or object specifically, to most of thechallenged comments did not deprive the defendant of the effective assistance of counsel(see People v Williams, 123AD3d 1152 [2014]; Peoplev Wallace, 123 AD3d 1151 [2014]; People v Ervin, 118 AD3d 910, 912 [2014]). Eng, P.J.,Hall, Hinds-Radix and LaSalle, JJ., concur.