Opinion
06-14-2017
The PEOPLE, etc., respondent, v. Charles DUDLEY, appellant.
Lynn W.L. Fahey, New York, NY (Tammy E. Linn of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Danielle M. O'Boyle of counsel), for respondent.
Lynn W.L. Fahey, New York, NY (Tammy E. Linn of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, NY (John M. Castellano, Johnnette Traill, and Danielle M. O'Boyle of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Holder, J.), rendered October 6, 2014, convicting him of manslaughter in the first degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant failed to preserve for appellate review his contention that he was deprived of a fair trial due to improper remarks made by the trial court to prospective jurors during voir dire (see CPL 470.05[2] ; People v. Cunningham, 119 A.D.3d 601, 988 N.Y.S.2d 696 ). Contrary to the defendant's contention, the court's alleged misconduct did not constitute a mode of proceedings error exempting him from the rules of preservation (see People v. Brown, 7 N.Y.3d 880, 881, 826 N.Y.S.2d 595, 860 N.E.2d 55 ; People v. Cunningham, 119 A.D.3d at 601–602, 988 N.Y.S.2d 696 ; People v. Casanova, 62 A.D.3d 88, 91–92, 875 N.Y.S.2d 31 ; People v. McDuffie, 270 A.D.2d 362, 704 N.Y.S.2d 871 ). In any event, the court's remarks to the prospective jurors, while inappropriate, did not deprive the defendant of a fair trial (see People v. Mason, 132 A.D.3d 777, 779, 17 N.Y.S.3d 768 ; People v. Daniel, 37 A.D.3d 731, 732, 830 N.Y.S.2d 319 ; People v. Alston, 225 A.D.2d 453, 454, 639 N.Y.S.2d 347 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
RIVERA, J.P., LEVENTHAL, AUSTIN and COHEN, JJ., concur.