Opinion
November 30, 2000.
Judgment, Supreme Court, New York County (James Yates, J.), rendered December 9, 1998, convicting defendant, after a jury trial, of assault in the second degree and attempted assault in the second degree, and sentencing him to two concurrent terms of 6 months and 5 years probation, unanimously affirmed. The matter is remitted to Supreme Court, New York County for further proceedings pursuant to CPL 460.50(5).
Patrick J. Hynes, for respondent.
Susan Kriete, for defendant-appellant.
Before: Williams, J.P., Tom, Mazzarelli, Rubin, Saxe, JJ.
By failing to point out any deficiency in the remedy provided, or to request any further relief (see, People v. Santiago, 52 N.Y.2d 865), defendant failed to preserve his claim that he was deprived of a fair trial by the People's introduction of improper expert testimony, and we decline to review it in the interest of justice. Were we to review this claim, we would find that the court prevented any prejudice by delivering detailed and thorough curative instructions, which the jury is presumed to have followed (see, People v. Davis, 58 N.Y.2d 1102).
We perceive no basis for reduction of sentence.
Defendant' s remaining contentions are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would reject them.
Motion seeking to enlarge record denied.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.