Opinion
November 23, 1987
Appeal from the Supreme Court, Queens County (Posner, J.).
Ordered that the judgment is affirmed.
The defendant has failed to properly preserve for appellate review his claims of prosecutorial misconduct by failing to raise an objection or request further curative instructions during trial (see, People v. Medina, 53 N.Y.2d 951; People v. Jalah, 107 A.D.2d 762). In any event, we find that the prosecutor's comments made during summation did not deny the defendant a fair trial in light of the overwhelming evidence of his guilt (see, People v Wood, 66 N.Y.2d 374).
The sentencing court did not abuse its discretion in imposing a mandatory surcharge upon the defendant in accordance with Penal Law § 60.35. If at the conclusion of his imprisonment the defendant finds himself unable to pay the surcharge, he may move at that time for a waiver thereof (see, People v. Brown, 133 A.D.2d 463; People v. West, 124 Misc.2d 622). Finally, we reject the defendant's contention that the sentence imposed was excessive (see, People v. Suitte, 90 A.D.2d 80). Mangano, J.P., Weinstein, Kooper and Harwood, JJ., concur.