People v JeanCharles

2019 NY Slip Op 04724 [173 AD3d 902]

June 12, 2019

Appellate Division, Second Department

As corrected through Wednesday, July 31, 2019

[*1]

The People of the State of New York,Respondent, v Frantz JeanCharles, Appellant.

Law Office of Stephen N. Preziosi, P.C., New York, NY, for appellant.

Timothy D. Sini, District Attorney, Riverhead, NY (Glenn Green, Lauren Tan, Thomas C.Costello, and Nicole Gallo of counsel), for respondent.

Appeal by the defendant from a judgment of the County Court, Suffolk County (John J.Toomey, J.), rendered August 9, 2017, convicting him of course of sexual conduct against a childin the first degree, upon a jury verdict, and imposing sentence. The appeal brings up for reviewthe denial, after a hearing (Barbara Kahn, J.), of that branch of the defendant's omnibus motionwhich was to suppress his statements to law enforcement officials.

Ordered that the judgment is affirmed.

We agree with the County Court's determination to deny that branch of the defendant'somnibus motion which was to suppress his statements to law enforcement officials. The recordreflects that the defendant's statements were voluntarily made after he knowingly, intelligently,and voluntarily waived his Miranda rights (see Miranda v Arizona, 384 US 436[1966]; People v Ramos, 164 AD3d1267, 1267 [2018]; People vCurrie, 131 AD3d 1265, 1266 [2015]; People v Sepulveda, 40 AD3d 1014 [2007]).

The defendant's contention that he was deprived of his right to a fair trial due to improperremarks made by the prosecutor during his summation is without merit. The prosecutor'scomments were either fair comment on the evidence and the reasonable inferences to be drawntherefrom, or fair response to the arguments made by defense counsel in summation (seePeople v Galloway, 54 NY2d 396, 399 [1981]; People v Ashwal, 39 NY2d 105,109-110 [1976]; People v King, 144AD3d 1176, 1176-1177 [2016]).

The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80[1982]).

The defendant's remaining contention is without merit. Austin, J.P., Roman, Hinds-Radixand Christopher, JJ., concur.