People v Thomas
2014 NY Slip Op 03704 [117 AD3d 971]
May 21, 2014
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, July 2, 2014


[*1]
 The People of the State of New York, Respondent,
v
Julian Thomas, Appellant.

Hammock & Sullivan, Flushing, N.Y. (Edward R. Hammock of counsel), for appellant.

Kenneth P. Thompson, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Linda Breen, and Danit Almog of counsel), for respondent.

Appeal by the defendant, as limited by his brief, from a sentence of the Supreme Court, Kings County (Gary, J.), imposed August 2, 2012, upon his conviction of manslaughter in the second degree, upon a jury verdict.

Ordered that the sentence is affirmed.

The defendant's contention that the prosecutor made improper remarks during sentencing is unpreserved for appellate review (see CPL 470.05 [2]) and, in any event, without merit. Contrary to the defendant's contention, the sentencing court properly considered the objectives of sentencing and the court's comments " 'merely reflect the fact that the court was taking into consideration the nature of the crime, a legitimate factor in determining an appropriate sentence' " (People v Anderson, 287 AD2d 574, 574 [2001], quoting People v James, 216 AD2d 489, 489 [1995]). Furthermore, the sentence imposed was not excessive (see People v Suitte, 90 AD2d 80 [1982]). Dickerson, J.P., Leventhal, Hall and Lott, JJ., concur.