Opinion
1998-05239
Submitted January 14, 2002.
January 28, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Hall, J.), rendered May 5, 1998, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Sarah J. Berger of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Adam S. Charnoff of counsel), for respondent.
Before: MYRIAM J. ALTMAN, J.P., SONDRA MILLER, BARRY A. COZIER, A. GAIL PRUDENTI, JJ.
ORDERED that the judgment is affirmed.
The defendant's contention that a comment made by the prosecutor during summation was improper is unpreserved for appellate review, as he raised only a general objection and made no further objection or request for relief after the Supreme Court gave a curative instruction (see, People v. Gray, 86 N.Y.2d 10, 19; People v. Heide, 84 N.Y.2d 943, 944; People v. Mapp, 245 A.D.2d 307; People v. Rosario, 195 A.D.2d 577). In any event, the contention is without merit, as the challenged comment constituted a fair response to the defense counsel's summation (see, People v. Halm, 81 N.Y.2d 819, 821; People v. Colon, 122 A.D.2d 151).
The defendant's remaining contention is without merit.
ALTMAN, J.P., S. MILLER, COZIER and PRUDENTI, JJ., concur.