Narrative Opinion Summary
The defendant's objections to comments made by the prosecutor during summation were not preserved for appellate review, as indicated by CPL 470.05 (2) and established case law (People v Utley, 45 NY2d 908, 910 [1978]). The appellate court declined to review these comments in the interest of justice. Additionally, the defendant was not denied effective assistance of counsel; trial counsel provided meaningful representation when considering the totality of the evidence, law, and circumstances (citing People v Benevento, 91 NY2d 708, 712 [1998] and People v Cass, 18 NY3d 553, 564 [2012]). The court found the imposed sentence to be appropriate and not excessive (referencing People v Suitte, 90 AD2d 80 [1982]). The remaining arguments presented by the defendant were determined to be without merit. The decision was concurred by Justices Skelos, J.P., Dillon, Leventhal, and Sgroi.
Legal Issues Addressed
Appropriateness of Sentencesubscribe to see similar legal issues
Application: The court found that the imposed sentence was appropriate and not excessive based on the relevant case law.
Reasoning: The court found the imposed sentence to be appropriate and not excessive (referencing People v Suitte, 90 AD2d 80 [1982]).
Effective Assistance of Counselsubscribe to see similar legal issues
Application: The court determined that the defendant received effective assistance of counsel as the trial counsel provided meaningful representation considering the totality of the evidence, law, and circumstances.
Reasoning: Additionally, the defendant was not denied effective assistance of counsel; trial counsel provided meaningful representation when considering the totality of the evidence, law, and circumstances (citing People v Benevento, 91 NY2d 708, 712 [1998] and People v Cass, 18 NY3d 553, 564 [2012]).
Merit of Remaining Argumentssubscribe to see similar legal issues
Application: The court evaluated and found the remaining arguments presented by the defendant to be without merit.
Reasoning: The remaining arguments presented by the defendant were determined to be without merit.
Preservation of Objections for Appellate Reviewsubscribe to see similar legal issues
Application: The defendant's objections to the prosecutor's comments were not preserved for appellate review under CPL 470.05 (2), and therefore, the appellate court declined to review them in the interest of justice.
Reasoning: The defendant's objections to comments made by the prosecutor during summation were not preserved for appellate review, as indicated by CPL 470.05 (2) and established case law (People v Utley, 45 NY2d 908, 910 [1978]).