People v. O'Diah

68 A.D.3d 788, 888 N.Y.2d 896

Opinion

The defendant’s contention that the prosecutor’s comments during summation require reversal is unpreserved for appellate review, since he failed to seek a curative instruction or move for a mistrial with respect to the one challenged comment to which he objected, and he failed to object to the other challenged comments (see CPL 470.05 [2]; People v Romero, 7 NY3d 911, 912 [2006]; People v Gregory, 55 AD3d 752 [2008]; People v Morris, 2 AD3d 652 [2003]). In any event, the prosecutor’s remarks were either fair comment on the evidence, responsive to the defense counsel’s summation, or not so egregious as to have deprived the defendant of a fair trial (see People v Galloway, 54 NY2d 396, 399-400 [1981]; People v Nieves, 2 AD3d 539, 540 [2003]; People v Holguin, 284 AD2d 343 [2001]; People v Cariola, 276 AD2d 800 [2000]).

The defendant’s remaining contention is without merit. Dillon, J.P., Florio, Balkin and Leventhal, JJ., concur.