Opinion
05-06-2015
The PEOPLE, etc., respondent, v. Dennis SCOTT, appellant.
Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant. Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Nicoletta J. Caferri of counsel; Jonathan K. Yi on the brief), for respondent.
Lynn W.L. Fahey, New York, N.Y. (Kathleen Whooley of counsel), for appellant.
Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Johnnette Traill, and Nicoletta J. Caferri of counsel; Jonathan K. Yi on the brief), for respondent.
Opinion
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Hollie, J.), rendered February 23, 2012, convicting him of burglary in the first degree, robbery in the first degree, and robbery in the second degree, upon a jury verdict, and imposing sentence.
ORDERED that the judgment is affirmed.
The defendant's contention that certain remarks made by the prosecutor during summation deprived him of a fair trial is unpreserved for appellate review, since he objected on grounds other than those currently raised, failed to request curative instructions, and failed to make a timely motion for a mistrial on the specific grounds he now asserts on appeal (see CPL 470.05 [2 ]; People v. Nuccie, 57 N.Y.2d 818, 819, 455 N.Y.S.2d 593, 441 N.E.2d 1111 ; People v. Thompson, 125 A.D.3d 899, 1 N.Y.S.3d 823 ; People v. Philips, 120 A.D.3d 1266, 1268, 992 N.Y.S.2d 104 ; People v. Martin, 116 A.D.3d 981, 983 N.Y.S.2d 813 ; People v. Henderson, 275 A.D.2d 948, 948, 715 N.Y.S.2d 186 ). In any event, the prosecutor's remarks constituted fair comment in response to the defense counsel's portrayal in his summation of the quality and sufficiency of the evidence (see People v. Lapan, 289 A.D.2d 698, 734 N.Y.S.2d 648 ; People v. Gozdalski, 239 A.D.2d 896, 897, 659 N.Y.S.2d 677 ).
The sentence imposed was not excessive (see People v. Suitte, 90 A.D.2d 80, 455 N.Y.S.2d 675 ).
MASTRO, J.P., BALKIN, SGROI and MILLER, JJ., concur.