PEOPLE v. FERNANDEZ

ORDERED that the judgment is affirmed.

Viewing the evidence in the light most favorable to the prosecution ( 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 arguments regarding alleged prosecutorial misconduct during summation are largely unpreserved for appellate review ( see CPL 470.05; People v. Dien, 77 N.Y.2d 885; People v. Nuccie, 57 N.Y.2d 818). In any event, the comments alleged to be inflammatory and prejudicial were either fair comment on the evidence ( see People v. Ashwal, 39 N.Y.2d 105) or responsive to arguments presented in the defense counsel's summation ( see People v. Galloway, 54 N.Y.2d 396).

The defendant contends that he was denied the effective assistance of counsel at the trial. However, to prevail on a claim of ineffective assistance of counsel, the defendant must overcome the strong presumption that the defense counsel rendered effective assistance ( see People v. Baldi, 54 N.Y.2d 137; People v. Myers, 220 A.D.2d 461). After a review of the record in its entirety and without giving undue significance to retrospective analysis, we are satisfied that the defendant received the effective assistance of counsel ( see People v. Myers, supra).

The defendant's remaining contentions, including those raised in his supplemental pro se brief, are without merit.

SANTUCCI, J.P., KRAUSMAN, SCHMIDT and RIVERA, JJ., concur.