Opinion
November 7, 1994
Appeal from the Supreme Court, Queens County (Orgera, J.).
Ordered that the judgment is affirmed.
The defendant failed to preserve for appellate review his objection to the prosecutor's summation because he failed to seek curative instructions or move for a mistrial (see, People v Nuccie, 57 N.Y.2d 818; People v. Acevedo, 156 A.D.2d 569; People v Coker, 135 A.D.2d 723; People v. Richardson, 114 A.D.2d 980; People v. Baldo, 107 A.D.2d 751). In any event, the prosecutor's comments made during summation "did not exceed the broad bounds of rhetorical comment permissible in closing argument" (People v Galloway, 54 N.Y.2d 396, 399) or were a fair response to the defense counsel's summation and accurately reflected the testimony at the trial.
The defendant's contention that the sentence was excessive is without merit (see, People v. Suitte, 90 A.D.2d 80). Bracken, J.P., Santucci, Krausman and Goldstein, JJ., concur.