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People v. Rampersad

Supreme Court of New York, Second Department

October 23, 2013

The People of the State of New York, respondent,
v.
Jagdish Rampersad, appellant. Ind. No. 2839/10

Schwed & Zucker, Kew Gardens, N.Y. (Michael Schwed of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Ayelet Sela of counsel), for respondent.

WILLIAM F. MASTRO, J.P., DANIEL D. ANGIOLILLO, JOHN M. LEVENTHAL, CHERYL E. CHAMBERS, JJ.

DECISION & ORDER

Appeal by the defendant from a judgment of the Supreme Court, Queens County (Aloise, J.), rendered November 15, 2012, convicting him of criminal possession of a weapon in the second degree and unlawful possession of pistol ammunition, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

The defendant's challenges to certain remarks the prosecutor made in summation are unpreserved for appellate review (see CPL 470.05[2]). In any event, the defendant's challenges are without merit as the remarks constituted fair comment (see People v Withfield, 106 A.D.3d 760, 761, lv denied 21 N.Y.3d 1021).

By specifically declining the trial court's invitation to charge a lesser-included offense, the defendant waived his current claim that it was error not to charge criminal possession of a weapon in the fourth degree as a lesser-included offense of criminal possession of a weapon in the second degree (see CPL 300.50; People v Goodwine, 46 A.D.3d 702, 703; People v Brown, 262 A.D.2d 569, 570).

The defendant was not deprived of his right to the effective assistance of counsel under either the Federal or State Constitution (see Strickland v Washington, 466 U.S. 668; People v Baldi, 54 N.Y.2d 137, 147).

The defendant's remaining contentions are unpreserved for appellate review and, in any event, without merit.

MASTRO, J.P., ANGIOLILLO, LEVENTHAL and CHAMBERS, JJ., concur.


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