| People v Jackson |
| 2017 NY Slip Op 03967 [150 AD3d 1025] |
| May 17, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Vance I. Jackson, Appellant. |
Richard L. Herzfeld, New York, NY, for appellant.
Thomas J. Spota, District Attorney, Riverhead, NY (Rosalind C. Gray of counsel), forrespondent.
Appeal by the defendant from a judgment of the County Court, Suffolk County (Hinrichs, J.),rendered February 8, 2011, convicting him of burglary in the first degree (four counts), robberyin the first degree (three counts), assault in the first degree (three counts), assault in the seconddegree, criminal possession of a weapon in the second degree, and endangering the welfare of achild, upon a jury verdict, and imposing sentence. The appeal brings up for review the denial,after a hearing, of that branch of the defendant's omnibus motion which was to suppress hisstatements to law enforcement officials.
Ordered that the judgment is affirmed.
The hearing court properly denied that branch of the defendant's omnibus motion which wasto suppress his statements to the police. The defendant's statements, which were made at thepolice precinct, were spontaneous and not the result of interrogation or its functional equivalent.A detective merely introduced himself, an act that was not reasonably likely to elicit anincriminating response (see People v Rivers, 56 NY2d 476, 480 [1982]; People v Ziegler, 78 AD3d 545[2010]; People v Jefferson, 71AD3d 694 [2010]).
At the trial, the County Court providently exercised its discretion in qualifying an individualas an expert in the field of "primer examiner gunshot residue analysis" based on her academictraining and experience (see People v Battease, 124 AD2d 807, 809 [1986]; People vDonaldson, 107 AD2d 758, 759 [1985]). The court also providently exercised its discretionin giving an expanded readback of the testimony of a police detective in order to provide acomplete response to the jury's inquiry (see People v Malloy, 55 NY2d 296 [1982]; People v Grant, 127 AD3d 990,990-991 [2015]; People v Garcia, 56AD3d 271, 272 [2008]; People vPerez, 15 AD3d 284 [2005]; People v Gil, 258 AD2d 595, 596 [1999]).
The defendant's contention that he was deprived of a fair trial by certain statements made bythe prosecutor during summation is without merit. The prosecutor's statements, for the most part,constituted fair comment on the evidence and the inferences to be drawn therefrom (see People v Fuhrtz, 115 AD3d760 [2014]; People v Birot, 99AD3d 933 [2012]; People v McHarris, 297 AD2d 824, 825 [2002]), [*2]or were fair response to defense counsel's comments duringsummation (see People v Adamo, 309 AD2d 808, 810 [2003]; People v Clark,222 AD2d 446, 447 [1995]), and any improper statements were not so flagrant or pervasive as todeny the defendant a fair trial (seePeople v Almonte, 23 AD3d 392, 394 [2005]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 85-86[1982]).
The defendant's remaining contentions are without merit. Dillon, J.P., Roman, Cohen andMiller, JJ., concur.