Opinion
October 10, 2000.
Judgment, Supreme Court, Bronx County (Daniel FitzGerald, J.), rendered August 25, 1997, convicting defendant, after a jury trial, of criminal possession of a controlled substance in the third degree and criminal sale of a controlled substance in the third degree, and sentencing him to concurrent terms of 6 to 12 years, unanimously affirmed.
Michael Sobie, for respondent.
Kristina Ross, for defendant-appellant.
Before: Rosenberger, J.P., Nardelli, Williams, Mazzarelli, Wallach, JJ.
Defendant's claim that the prosecutor's questioning of witnesses concerning an allegedly inadmissible photograph and efforts to introduce the photograph into evidence deprived defendant of a fair trial is unpreserved and we decline to review it in the interest of justice. Were we to review this claim, we would find that any prejudice was cured by the court's redaction of the objectionable portion of the photograph and its curative instructions to the jury, following which defendant requested no further relief.
The challenged summation comments of the prosecutor did not deprive defendant of a fair trial (see, People v. Overlee, 236 A.D.2d 134, 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). Moreover, the court also gave adequate curative instructions with respect to these remarks.
THIS CONSTITUTES THE DECISION AND ORDER OF SUPREME COURT, APPELLATE DIVISION, FIRST DEPARTMENT.