Opinion
July 9, 1990
Appeal from the Supreme Court, Queens County (Naro, J.).
Ordered that the judgment is affirmed.
The defendant was charged in a two-count indictment with murder in the second degree (see, Penal Law § 125.25), by intentionally causing the death of Audrey Langman, and manslaughter in the second degree (see, Penal Law § 125.15), by recklessly causing her death.
The defendant contends that the verdict finding him guilty of both counts is inconsistent (see, People v. Gallagher, 69 N.Y.2d 525). However, as the defendant did not object to the court's submission of both homicide counts to the jury, the issue is unpreserved for appellate review (see, People v. Satloff, 56 N.Y.2d 745; People v. Carey, 151 A.D.2d 989). We decline to reach the issue in the interest of justice.
The defendant's contention that he was denied a fair trial because of certain comments made by the prosecutor during the trial, is without merit. Many of the comments about which the defendant complains are either unpreserved for appellate review, or were made outside the presence of the jury. With respect to the remaining comments, we find that the Trial Judge's curative remarks served to dispel any prejudice to the defendant so that he was not deprived of a fair trial (see, People v. Galloway, 54 N.Y.2d 396).
The defendant's remaining contention, that his sentence is harsh and excessive, is without merit (see, People v. Suitte, 90 A.D.2d 80). Lawrence, J.P., Kunzeman, Rubin and Rosenblatt, JJ., concur.