| People v Gillespie |
| 2012 NY Slip Op 05651 [97 AD3d 763] |
| July 18, 2012 |
| Appellate Division, Second Department |
| Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
| The People of the State of New York, Respondent, v James Gillespie, Appellant. |
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Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Ellen C.
Abbot, and Daniel Bresnahan of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Buchter, J.), rendered September 23, 2010, convicting him of rape in the first degree, criminal sexual act in the first degree, and robbery in the third degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contentions regarding certain comments made by the prosecutor on summation are unpreserved for appellate review (see CPL 470.05 [2]; People v Utley, 45 NY2d 908, 910 [1978]), and we decline to review them in the exercise of our interest of justice jurisdiction.
Contrary to the defendant's contention, he was not deprived of the effective assistance of counsel. Considering the totality of the evidence, the law, and the circumstances of the case, trial counsel provided meaningful representation (see People v Benevento, 91 NY2d 708, 712 [1998]; see also People v Cass, 18 NY3d 553, 564 [2012]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]).
The defendant's remaining contentions are without merit. Skelos, J.P., Dillon, Leventhal and Sgroi, JJ., concur.