| People v Dunning |
| 2017 NY Slip Op 02055 [148 AD3d 1047] |
| March 22, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Martel Dunning, Appellant. |
Lynn W. L. Fahey, New York, NY (Golnaz Fakhimi of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and Jonathan K. Yi of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Schwartz,J.), rendered April 15, 2015, convicting him of criminal sale of a controlled substance in the thirddegree, criminal possession of a controlled substance in the seventh degree, and resisting arrest,upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that his right to due process was violated by the prosecutor'smisconduct on summation is unpreserved for appellate review (CPL 470.05 [2]), as the defendantfailed to object, request curative instructions, or timely move for a mistrial (see People v Owens, 129 AD3d995 [2015]; People v Perez, 77AD3d 974 [2010]), and we decline to review the contention in the exercise of our interest ofjustice jurisdiction (see CPL 470.15 [3] [c]; [6]; People v Jones, 139 AD3d 878 [2016]).
The defendant's contention that he was deprived of his right to the effective assistance ofcounsel under the New York State Constitution is without merit. The defendant failed todemonstrate "the absence of strategic or other legitimate explanations" for counsel's allegedshortcomings (People v Rivera, 71 NY2d 705, 709 [1988]; see People v King, 27 NY3d 147,159 [2016]; cf. People v Fisher, 18NY3d 964, 967 [2012]). Since " 'our state standard . . . offers greaterprotection than the federal test,' " we necessarily reject the defendant's federalconstitutional challenge by determining that he was not denied meaningful representation underthe State Constitution (People vWragg, 26 NY3d 403, 412 [2015], quoting People v Caban, 5 NY3d 143, 156 [2005]). Hall, J.P., Miller,Connolly and Brathwaite Nelson, JJ., concur.