| People v Brooks |
| 2018 NY Slip Op 07323 [165 AD3d 1280] |
| October 31, 2018 |
| Appellate Division, Second Department |
[*1]
| The People of the State of New York,Respondent, v Marquis Brooks, Appellant. |
Paul Skip Laisure, New York, NY (Rebecca J. Gannon of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, JohnnetteTraill, William H. Branigan, and Josette Simmons of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (GeneLopez, J.), rendered August 5, 2016, convicting him of grand larceny in the fourth degree,criminal possession of stolen property in the fifth degree, and jostling, upon a jury verdict, andimposing sentence.
Ordered that the judgment is affirmed.
Viewing the evidence in the light most favorable to the prosecution (see People vContes, 60 NY2d 620, 621 [1983]), we find that it was legally sufficient to establish thedefendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual reviewpower (see CPL 470.15 [5]), we are satisfied that the verdict of guilt was not against theweight of the evidence (see People vRomero, 7 NY3d 633 [2006]).
The defendant did not preserve for appellate review his arguments regarding the prosecutor'ssummation. The defendant did not object to many of the comments that he now challenges asimproper, the objections that he did raise during the prosecutor's summation were generalone-word objections, and he did not move for a mistrial when two of his objections weresustained (see CPL 470.05 [2]; People v Negron, 150 AD3d 764, 765 [2017]; People v Malave, 7 AD3d 542,542 [2004]). In any event, the challenged remarks were responsive to the defense counsel'ssummation (see People v Mairena,160 AD3d 986, 986 [2018], lv granted 31 NY3d 1150 [2018]; People vMalave, 7 AD3d at 542), or constituted harmless error (see People v Crimmins, 36NY2d 230, 241-242 [1975]). Dillon, J.P., Balkin, Miller and Connolly, JJ., concur.