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People v. Walser

SUPREME COURT OF THE STATE OF NEW YORK APPELLATE DIVISION SECOND JUDICIAL DEPARTMENT


March 2, 2010

THE PEOPLE, ETC., RESPONDENT,
v.
DAVID WALSER, APPELLANT.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Konviser, J.), rendered June 20, 2008, convicting him of attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.

This opinion is uncorrected and subject to revision before publication in the Official Reports.

WILLIAM F. MASTRO, J.P., DANIEL D. ANGIOLILLO, RUTH C. BALKIN and SANDRA L. SGROI, JJ.

(Ind. No. 3842/07)

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant's claim that some of the prosecutor's comments during summation were improper and deprived him of a fair trial is unpreserved for appellate review (see CPL 470.05[2]; People v Valdes, 66 AD3d 925; People v Lino, 65 AD3d 1263; People v Rodari, 2 AD3d 756). In any event, to the extent that any of the challenged comments were improper, they were not so egregious as to deprive the defendant of a fair trial (see People v Valerio,AD3d, 2010 NY Slip Op 01003 [2d Dept 2010]; People v Franklin, 64 AD3d 614).

The defendant's remaining contention is without merit.

MASTRO, J.P., ANGIOLILLO, BALKIN and SGROI, JJ., concur.

20100302

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