People v Rose
2008 NY Slip Op 00548 [47 AD3d 848]
January 22, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, March 12, 2008


The People of the State of New York, Respondent,
v
Laquan Rose, Appellant.

[*1] Lynn W. L. Fahey, New York, N.Y. (Benjamin D. Gold of counsel), for appellant.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Joshua Carlton of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Konviser, J.), rendered May 26, 2005, convicting him of criminal possession of a weapon in the third degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contentions concerning the prosecutor's remarks during summation are unpreserved for appellate review (see CPL 470.05 [2]; People v Gillespie, 36 AD3d 626 [2007]) and, in any event, are without merit.

Furthermore, since the prosecutor's remarks during summation were proper, the defendant's contention that he received ineffective counsel based solely upon a failure to object to the prosecutor's summation is without merit. Spolzino, J.P., Ritter, Miller and Dickerson, JJ., concur.