People v. Ward

• Decision Date: 08 May 2013
• Parties: The PEOPLE, etc., respondent, v. Carlos WARD, appellant.
• Court: New York Supreme Court — Appellate Division

106 A.D.3d 842

964 N.Y.S.2d 642

2013 N.Y. Slip Op. 03351

The PEOPLE, etc., respondent,

v.Carlos WARD, appellant.

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

May 8, 2013.

Lynn W.L. Fahey, New York, N.Y. (Warren S. Landau of counsel), for appellant, and appellant pro se.

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Amy Appelbaum, and Catherine Dagonese of counsel), for respondent.

WILLIAM F. MASTRO, J.P., JOHN M. LEVENTHAL, SANDRA L. SGROI, and JEFFREY A. COHEN, JJ.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Reichbach, J.), rendered July 29, 2008, convicting him of murder in the second degree and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.

ORDERED that the judgment is affirmed.

Contrary to the defendant's contention, evidence that he pleaded guilty in a Nassau County matter was properly admitted after he opened the door to such evidence by testifying that his statement in that matter was the result of coercion ( see People v. Ochoa, 14 N.Y.3d 180, 186, 899 N.Y.S.2d 66, 925 N.E.2d 868;People v. Mateo, 2 N.Y.3d 383, 425, 779 N.Y.S.2d 399, 811 N.E.2d 1053,cert. denied542 U.S. 946, 124 S.Ct. 2929, 159 L.Ed.2d 828;People v. Fardan, 82 N.Y.2d 638, 646, 607 N.Y.S.2d 220, 628 N.E.2d 41). Admission of the fact that he pleaded guilty in that matter was not unduly prejudicial, since no reference was made to the nature of the charge, the underlying facts, or the content of his statement, and the jury was already aware of his felony conviction. Moreover, the Supreme Court repeatedly issued appropriate limiting instructions in relation to testimony involving the Nassau County matter, which the jury is presumed to have followed ( see People v. Baker, 14 N.Y.3d 266, 274, 899 N.Y.S.2d 733, 926 N.E.2d 240;People v. Fardan, 82 N.Y.2d at 646–647, 607 N.Y.S.2d 220, 628 N.E.2d 41).

The defendant's contention that he was deprived of a fair trial because of improper comments made by the prosecutor on summation is unpreserved for appellate review ( seeCPL 470.05[2] ). In any event, although some of the prosecutor's statements were improper, they were not so flagrant or pervasive as to deprive the defendant of a fair trial ( see People v. Philbert, 60 A.D.3d 698, 874 N.Y.S.2d 540;People v. Almonte, 23 A.D.3d 392, 394, 806 N.Y.S.2d 95). Thus, a new trial is not warranted.

Contrary to the defendant's contention, his right to effective assistance of counsel was satisfied by the meaningful representation afforded by trial counsel ( see People v. Benevento, 91 N.Y.2d 708, 712, 674 N.Y.S.2d 629, 697 N.E.2d 584;People v. Baldi, 54 N.Y.2d 137, 147, 444 N.Y.S.2d 893, 429 N.E.2d 400).

The defendant's remaining contentions, including those...