Opinion
January 25, 2001.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (D. Friedman, J.), rendered June 18, 1997, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Joanne Legano Ross of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Rhea A. Grob of counsel; Jay A. Wechsler on the brief), for respondent.
Before: GABRIEL M. KRAUSMAN, J.P., DANIEL F. LUCIANO, HOWARD MILLER, SANDRA J. FEUERSTEIN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that certain remarks made by the prosecutor during summation were improper is unpreserved for appellate review since he raised only general objections to the challenged remarks, did not request curative instructions when his objections were sustained, and did not move for a mistrial (see, People v. Nuccie, 57 N.Y.2d 818; People v. Davis, 277 A.D.2d 248 [2d Dept., Nov. 6, 2000]; People v. Feliciano, 254 A.D.2d 496; People v. Oreckinto, 253 A.D.2d 896; People v. Scotti, 220 A.D.2d 543). In any event, most of the challenged remarks either constituted fair comment, or were made in response to the defense counsel's arguments on summation, and none was so prejudicial as to require reversal (see, People v. Galloway, 54 N.Y.2d 396; People v. Davis, supra; People v. Jones, 255 A.D.2d 600; People v. Feliciano, supra).