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PEOPLE v. BISCOMBE

2005-10048

2008 NY Slip Op 07253

THE PEOPLE, ETC., respondent, v. SHERLAND BISCOMBE, appellant.

Appellate Division of the Supreme Court of New York, Second Department.

Decided September 30, 2008.

Attorney(s) appearing for the Case

Lynn W. L. Fahey, New York, N.Y. (Joshua M. Levine of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jacqueline Linares, Keith Dolan, and Danielle Gurkin of counsel; Gregory S. d'Incelli on the brief), for respondent.

Before: William F. Mastro, J.P., Peter B. Skelos, Joseph Covello, John M. Leventhal, JJ.

DECISION & ORDER

ORDERED that the judgment is affirmed.

The defendant failed to preserve for appellate review his challenges to remarks made by the prosecution on summation, as he did not object to any of the challenged remarks (see CPL 470.05[2]; People v Gonzalez, 45 A.D.3d 696). In any event, the challenged remarks either were responsive to defense counsel's summation, were fair comment on the evidence, or...

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