People v Forest
2008 NY Slip Op 05719 [52 AD3d 733]
June 17, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, August 13, 2008


The People of the State of New York, Respondent,
v
Wilky Forest, Appellant.

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

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

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.), rendered October 5, 2006, convicting him of sexual abuse in the first degree, criminal possession of a weapon in the fourth degree, menacing in the second degree, and criminal contempt in the second degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's arguments regarding alleged improper summation remarks are unpreserved for appellate review (see CPL 470.05 [2]; People v Jackson, 41 AD3d 498, 499 [2007], lv denied 9 NY3d 876 [2007]; People v Hines, 18 AD3d 882, 883-884 [2005]; People v Morris, 2 AD3d 652, 653 [2003]). In any event, the challenged remarks constituted fair comment on, or reasonable inferences drawn from, the evidence, or were harmless (see People v Johnson, 3 AD3d 581, 582 [2004]; People v Adamo, 309 AD2d 808, 809-810 [2003]; cf. People v Ashwal, 39 NY2d 105, 109-110 [1976]). Skelos, J.P., Santucci, Balkin and Chambers, JJ., concur.