Opinion
99-05243
February 7, 2002
March 11, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered June 1, 1999, convicting her of kidnapping in the first degree, manslaughter in the first degree, and robbery in the first degree, upon a jury verdict, and imposing sentence.
Andrew C. Fine, New York, N.Y. (Ellen Dille of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam S. Charnoff of counsel), for respondent.
NANCY E. SMITH, J.P., GLORIA GOLDSTEIN, LEO F. McGINITY, and HOWARD MILLER, JJ.
ORDERED that the judgment is affirmed.
The defendant's challenge to the legal sufficiency of the evidence is unpreserved for appellate review (see, CPL 470.05; People v. Gray, 86 N.Y.2d 10; People v. Hay, 274 A.D.2d 434). In any event, viewing the evidence in the light most favorable to the People (see, People v. Contes, 60 N.Y.2d 620), we find that it was legally sufficient to establish the defendant's guilt beyond a reasonable doubt. Moreover, upon the exercise of our factual review power, we are satisfied that the verdict of guilt was not against the weight of the evidence (see, CPL 470.15).
The defendant's argument regarding alleged prosecutorial misconduct during summation is unpreserved for appellate review (see, CPL 470.05; People v. Tardbania, 72 N.Y.2d 852; People v. Jian Guo Xia, 255 A.D.2d 525). In any event, the comments alleged to be inflammatory and prejudicial were all either fair comment on the evidence (see, People v. Ashwal, 39 N.Y.2d 105), responsive to arguments presented in the defense counsel's summation (see, People v. Galloway, 54 N.Y.2d 396), or harmless in light of the overwhelming evidence of the defendant's guilt (see, People v. Crimmins, 36 N.Y.2d 230).
The sentence imposed was not excessive (see, People v. Suitte, 90 A.D.2d 80).
The defendant's remaining contentions are without merit.