People v. Balkum

233 A.D.2d 929, 649 N.Y.S.2d 874, 1996 N.Y. App. Div. LEXIS 13451

• Court: Appellate Division of the Supreme Court of the State of New York
• Decided: November 8, 1996
• Status: Published

Opinion

Judgment unanimously affirmed. Memorandum: On appeal from a judgment convicting him of attempted sodomy in the first degree, unlawful imprisonment in the second degree and two counts of sexual abuse in the first degree, defendant contends that he was deprived of a fair trial by numerous alleged improprieties by the prosecutor during the trial. Defendant objected to one of the alleged improprieties, the prosecutor’s characterization of the defense theory as a conspiracy, and County Court sustained the objection. Defendant made neither a further objection nor a request for curative instructions. Thus, the court "must be deemed to have corrected the error to the defendant’s satisfaction” (People v Williams, 46 NY2d 1070, 1071).

Defendant failed to object to the remaining alleged prosecutorial improprieties. Therefore, those contentions are not preserved for our review (see, CPL 470.05 [2]), and we decline to exercise our power to review them as a matter of discretion in the interest of justice (see, CPL 470.15 [6] [a]). (Appeal from Judgment of Monroe County Court, Marks, J.—Sexual Abuse, 1st Degree.) Present—Green, J. P., Pine, Callahan, Doerr and Davis, JJ.