Opinion
1996-05569
Submitted December 10, 2002.
December 30, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Aiello, J.), rendered May 22, 1996, convicting him of attempted murder in the second degree, assault in the first degree, and criminal possession of a weapon in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (John Gemmill of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Shulamit Rosenblum and Debevoise Plimpton [Margaret L. Dundon] of counsel), for respondent (one brief filed).
Before: DAVID S. RITTER, J.P., DANIEL F. LUCIANO, BARRY A. COZIER, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that certain comments made by the prosecutor constituted reversible error is unpreserved for appellate review. The defense counsel either failed to make specific and timely objections (see CPL 470.05; People v. Woods, 296 A.D.2d 430, lv denied 98 N.Y.2d 715; People v. Hilliard, 279 A.D.2d 590), or in those instances where the trial court sustained the defense counsel's objections, counsel made no further requests for curative jury instructions nor moved for a mistrial (see People v. Medina, 53 N.Y.2d 951; People v. Woods, supra; People v. Hernandez, 258 A.D.2d 666; People v. Stevens, 218 A.D.2d 678). In any event, the majority of the prosecutor's comments were within the bounds of permissible rhetorical comment (see e.g. People v. Galloway, 54 N.Y.2d 396), or were a fair response to the statements contained in the defense counsel's summation (see People v. Halm, 81 N.Y.2d 819; People v. Pope, 253 A.D.2d 443; People v. Davis, 223 A.D.2d 652; People v. Elliot, 216 A.D.2d 576).
RITTER, J.P., LUCIANO, COZIER and RIVERA, JJ., concur.