| People v Barrett |
| 2018 NY Slip Op 02189 [159 AD3d 1018] |
| March 28, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Andrew Barrett, Appellant. |
Paul Skip Laisure, New York, NY (Denise A. Corsí of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, Joseph N. Ferdenzi, and Tina Grillo of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Richard L.Buchter, J.), rendered June 3, 2014, convicting him of criminal sexual act in the first degree (twocounts), rape in the first degree, robbery in the third degree, and attempted rape in the firstdegree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contentions that the prosecutor's opening and summation remarks constitutedreversible error are unpreserved for appellate review because he failed to object to the remarks,made only general objections, failed to request curative instructions, and did not timely move fora mistrial on the grounds now claimed (see CPL 470.05 [2]; People v Romero, 7 NY3d 911,912 [2006]; People v Balls, 69 NY2d 641, 642 [1986]; People v Salnave, 41 AD3d 872,874 [2007]). In any event, the remarks alleged to be prejudicial were all either fair comment onthe evidence (see People v Ashwal, 39 NY2d 105, 109 [1976]), a fair response toarguments and theories presented in the defense summation (see People v Galloway, 54NY2d 396, 399 [1981]), or constituted harmless error (see People v Crimmins, 36 NY2d230, 241-242 [1975]; People v Hill, 286 AD2d 777, 778 [2001]).
The defendant's ineffective assistance of counsel claim, which is based solely upon hiscounsel's failure to preserve his contentions regarding the prosecutor's remarks, is also withoutmerit (see People v Ramirez, 146AD3d 987, 988 [2017]; People vSingh, 138 AD3d 767 [2016]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).Rivera, J.P., Roman, Duffy and Connolly, JJ., concur.