284 A.D.2d 405 726 N.Y.S.2d 279

The People of the State of New York, Respondent, v Sidney Birch, Appellant.

[726 NYS2d 279]

—Appeal by the defendant from a judgment of the Supreme Court, Kangs County (Reichbach, J.), rendered October 18, 1999, convicting him of kidnapping in the first degree, upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution (see, People v Contes, 60 NY2d 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 [5]).

The defendant’s contentions regarding prosecutorial misconduct during summation are unpreserved for appellate review (see, CPL 470.05 [2]; People v Dien, 77 NY2d 885; People v Nuccie, 57 NY2d 818). In any event, the allegedly inflammatory and prejudicial remarks constituted either fair comment on the evidence (see, People v Ashwal, 39 NY2d 105), or a fair response to the defense counsel’s summation (see, People v Galloway, 54 NY2d 396).

The defendant contends that he was denied the effective assistance of counsel at trial. However, to prevail on such a claim, the defendant must overcome the strong presumption of effectiveness (see, People v Baldi, 54 NY2d 137; People v Myers, 220 AD2d 461). Upon our review of the record, we are satisfied that the defendant received the effective assistance of counsel (see, People v Myers, supra).

*406The defendant’s sentence was not excessive (see, People v Suitte, 90 AD2d 80).

The defendant’s remaining contentions are without merit. Santucci, J. P., Goldstein, H. Miller and Crane, JJ., concur.

People v. Birch
284 A.D.2d 405 726 N.Y.S.2d 279

Case Details

Name
People v. Birch
Decision Date
Jun 11, 2001
Citations

284 A.D.2d 405

726 N.Y.S.2d 279

Jurisdiction
New York

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