| People v Bristol |
| 2016 NY Slip Op 04231 [140 AD3d 781] |
| June 1, 2016 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Devon Bristol, Appellant. |
Lynn W. L. Fahey, New York, NY (Tammy Linn of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano,Johnnette Traill, Daniel Bresnahan, and Mariana Zelig of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Holder, J.), rendered July 11, 2013, convicting him of robbery in the first degree (fourcounts), robbery in the second degree (two counts), criminal possession of a weapon inthe second degree (two counts), criminal possession of a weapon in the third degree (twocounts), and criminal possession of stolen property in the fifth degree (two counts), upona jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the Supreme Court excused potential jurors basedupon hardship without conducting a sufficient inquiry is unpreserved for appellatereview (see People v King,27 NY3d 147 [2016]; People v Marshall, 131 AD3d 1074 [2015]; People v Bruce, 130 AD3d938 [2015]) and, in any event, is without merit (see People v Johnson, 116 AD3d 883 [2014]; People v King, 110 AD3d1005, 1006 [2013], affd 27 NY3d 147 [2016]; People v Umana, 76 AD3d1111, 1112 [2010]; Peoplev Toussaint, 40 AD3d 1017, 1017-1018 [2007]).
The defendant's contentions regarding the prosecutor's remarks during summationare unpreserved for appellate review. In any event, while certain remarks made by theprosecutor were improper, they were not so flagrant or pervasive as to deprive thedefendant of a fair trial (seePeople v Thompson, 125 AD3d 899 [2015]; People v Ward, 106 AD3d 842 [2013]; People v Philbert, 60 AD3d698 [2009]; People vAlmonte, 23 AD3d 392 [2005]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80,83 [1982]). Dillon, J.P., Cohen, Maltese and Barros, JJ., concur.