Opinion
Argued February 1, 2001.
March 5, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Gerges, J.), rendered June 27, 1995, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Gerald Allen, New York, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Anne C. Feigus of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., GABRIEL M. KRAUSMAN, SONDRA MILLER, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Contrary to the defendant's contentions, he was not prejudiced by the prosecutor's summation. Two of the challenged remarks were the subject of defense objections that were sustained, and defense counsel did not seek additional curative instructions (see, People v. Robinson, 258 A.D.2d 537; People v. Vincent, 250 A.D.2d 787; People v. Aguirre, 248 A.D.2d 717; People v. Reyes, 248 A.D.2d 412; People v. Jalah, 107 A.D.2d 762). The defendant's remaining contentions regarding the prosecutor's summation are unpreserved for appellate review (see, CPL 470.05; People v. Balls, 69 N.Y.2d 641), and we decline to review them in the exercise of our interest of justice jurisdiction. Although the prosecutor's characterization of the defendant as a coward for participating in an armed robbery in which a victim was needlessly shot and killed might have been better left unsaid, this isolated remark does not require reversal, especially in light of the overwhelming evidence of the defendant's guilt (see, People v. Johnson, 212 A.D.2d 362).
The defendant's remaining contentions are without merit.