Opinion
972
April 29, 2003.
Judgment, Supreme Court, New York County (Charles Tejada, J.), rendered July 24, 2001, convicting defendant, after a jury trial, of assault in the first degree, and sentencing her to a term of 5 years, unanimously affirmed.
Rona Feinberg, for respondent.
Jody Ratner, for defendant-appellant.
Before: Nardelli, J.P., Andrias, Sullivan, Rosenberger, Wallach, JJ.
The verdict was not against the weight of the evidence. Issues of credibility, including the weight to be given to inconsistencies in testimony, were properly considered by the jury and there is no basis for disturbing its determinations.
The court properly exercised its discretion in denying defendant's mistrial motion made on the basis of the prosecutor's summation remark suggesting that the defense had knowingly called an untruthful witness, since the court's prompt curative instruction sufficed to prevent any prejudice (see People v. Santiago, 52 N.Y.2d 865). Defendant's remaining challenges to the prosecutor's summation are unpreserved and we decline to review them in the interest of justice. Were we to review these claims, we would find that the challenged remarks did not deprive defendant of a fair trial (see People v. Overlee, 236 A.D.2d 133, lv denied 91 N.Y.2d 976; People v. D'Alessandro, 184 A.D.2d 114, 118-119, lv denied 81 N.Y.2d 884).
THIS CONSTITUTES THE DECISION AND ORDER OF THE SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.