People v Dunn |
2008 NY Slip Op 07004 [54 AD3d 871] |
September 16, 2008 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York,
Respondent, v Ernestine Dunn, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Linda Breen of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Sullivan, J.), rendered February 23, 2006, convicting her of criminal sale of a controlled substance in the third degree and criminal possession of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that she was deprived of a fair trial because the prosecutor made improper remarks during her opening statement and summation and otherwise engaged in misconduct during the trial is unpreserved for appellate review (see CPL 470.05 [2]; People v Hollenquest, 48 AD3d 592 [2008], lv denied 10 NY3d 864 [2008]). In any event, the challenged remarks and conduct either were responsive to arguments made by defense counsel, constituted fair comment on the evidence, or otherwise did not deprive the defendant of a fair trial (see People v Olivo, 23 AD3d 584 [2005]).
The defendant's contention that she was denied the effective assistance of counsel based solely on her attorney's failure to object to the alleged prosecutorial misconduct is without merit (see People v [*2]Benevento, 91 NY2d 708, 712 [1998]; People v Robbins, 48 AD3d 711 [2008], lv denied 10 NY3d 869 [2008]; People v Gonzalez, 44 AD3d 790, 791 [2007]; People v Serrano, 163 AD2d 66, 68 [1990]). Prudenti, P.J., Ritter, Florio and McCarthy, JJ., concur.