| People v Carter |
| 2017 NY Slip Op 05836 [152 AD3d 786] |
| July 26, 2017 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v James Carter, Appellant. |
Lynn W. L. Fahey, New York, NY (Denise A. Corsi of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, Nancy Fitzpatrick Talcottt, and Deborah E. Wassel of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lopresto,J.), rendered August 12, 2013, convicting him of criminal sale of a controlled substance in thesecond degree and criminal possession of a controlled substance in the third degree, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant was convicted of selling oxycodone pills to his codefendant, Kevin Leland.Contrary to the defendant's contention, the postarrest written statement of Leland was not shownto be against Leland's penal interest, as it was largely exculpatory (see People v Singh, 47 AD3d 733,734 [2008]). Therefore, the statement was properly excluded as inadmissible hearsay. Since thestatement was properly excluded as inadmissible hearsay, the defendant's contention thatexclusion of the statement violated his constitutional right to present a defense is without merit(see People v Simmons, 84 AD3d1120 [2011]; People v Cepeda, 208 AD2d 364 [1994]).
The defendant's contention that certain comments made by the prosecutor during summationdeprived him of a fair trial is unpreserved for appellate review, as defense counsel either did notobject to the challenged remarks or made only general objections (see CPL 470.05 [2]; People v Alvarado, 126 AD3d803, 805 [2015]; People vTaylor, 120 AD3d 519, 520 [2014]). In any event, the challenged summation remarkswere fair comment on the evidence, constituted a fair response to defense counsel's summation,or otherwise do not warrant reversal (see People v Galloway, 54 NY2d 396, 399 [1981];People v Johnson, 127 AD3d785, 786 [2015]).
The defendant's remaining contentions are without merit. Chambers, J.P., Miller,Hinds-Radix and LaSalle, JJ., concur.