People v. Ecock

124 A.D.2d 672, 508 N.Y.S.2d 47, 1986 N.Y. App. Div. LEXIS 61973

Opinion

The defendant’s claims of error with respect to the court’s justification charge and supplemental charge are unpreserved for appellate review as a matter of law (see, CPL 470.05 [2]; People v Thomas, 50 NY2d 467, 471), and are, in any event, without merit (see, People v Goetz, 68 NY2d 96; People v Almodovar, 62 NY2d 126, 131-132). Any prejudice arising from the single instance of improper questioning by the prosecutor was, in this instance, negated by the court’s prompt curative instruction (see, People v Santiago, 52 NY2d 865; People v Heppard, 121 AD2d 466; People v Davis, 108 AD2d 924).

Finally, the sentence and amended sentence imposed evince neither an abuse of discretion nor a failure to observe sentencing principles on the part of the sentencing Judge (see, People v Suitte, 90 AD2d 80, 86-87). Lazer, J. P., Niehoff, Lawrence and Kooper, JJ., concur.