Opinion
2002-02314.
Decided December 15, 2003.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.), rendered January 28, 2002, convicting him of criminal sale of a controlled substance in the third degree, upon a jury verdict, and imposing sentence.
Lynn W.L. Fahey, New York, N.Y. (Melissa S. Horlick of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Noreen Healey, and Rosemary Chao of counsel), for respondent.
Before: STEPHEN G. CRANE, BARRY A. COZIER, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
Most of the defendant's challenges to the prosecutor's summation are unpreserved for appellate review since the defense counsel either failed to make specific and timely objections, or failed to seek curative instructions or move for a mistrial where the trial court sustained the defense counsel's objections ( see CPL 470.05; People v. Medina, 53 N.Y.2d 951; People v. Clemmings, 300 A.D.2d 672; People v. McHarris, 297 A.D.2d 824, 825). To the extent that the issue is preserved, the prosecutor in his summation did not vouch for the credibility of the People's witnesses and his remarks were responsive to the defendant's summation ( see People v. Harrison, 194 A.D.2d 627; People v. Burgos, 186 A.D.2d 578; People v. Colonna, 135 A.D.2d 724).
SANTUCCI, J.P., ADAMS, CRANE and COZIER, JJ., concur.