| People v Dudley |
| 2017 NY Slip Op 04856 [151 AD3d 878] |
| June 14, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Charles Dudley, Appellant. |
Lynn W. L. Fahey, New York, NY (Tammy E. Linn of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, and Danielle M. O'Boyle of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.),rendered October 6, 2014, convicting him of manslaughter in the first degree and criminalpossession of a weapon in the second 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 he was deprived of afair trial due to improper remarks made by the trial court to prospective jurors during voir dire(see CPL 470.05 [2]; People vCunningham, 119 AD3d 601 [2014]). Contrary to the defendant's contention, the court'salleged misconduct did not constitute a mode of proceedings error exempting him from the rulesof preservation (see People vBrown, 7 NY3d 880, 881 [2006]; People v Cunningham, 119 AD3d at 601-602;People v Casanova, 62 AD3d88, 91-92 [2009]; People v McDuffie, 270 AD2d 362 [2000]). In any event, thecourt's remarks to the prospective jurors, while inappropriate, did not deprive the defendant of afair trial (see People v Mason, 132AD3d 777, 779 [2015]; People vDaniel, 37 AD3d 731, 732 [2007]; People v Alston, 225 AD2d 453, 454[1996]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Rivera, J.P., Leventhal, Austin and Cohen, JJ., concur.