Opinion
2000-06543
Submitted October 11, 2002.
October 28, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.), rendered June 22, 2000, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Jennifer K. Danburg of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Diane R. Eisner of counsel), for respondent.
Before: CORNELIUS J. O'BRIEN, J.P., GABRIEL M. KRAUSMAN, SANDRA L. TOWNES, REINALDO E. RIVERA, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's sole contention, that certain comments made by the prosecutor during summation constituted reversible error, is unpreserved for appellate review. The defendant 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 failed to seek further ameliorative action after his objections were sustained (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 prosecutor's comments were well within the bounds of permissible rhetorical comment, 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. Galloway, 54 N.Y.2d 396; People v. Pope, 253 A.D.2d 443; People v. Davis, 223 A.D.2d 652; People v. Elliot, 216 A.D.2d 576; People v. Stith, 215 A.D.2d 789).
O'BRIEN, J.P., KRAUSMAN, TOWNES and RIVERA, JJ., concur.