Opinion
Submitted October 23, 2000.
December 12, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Lipp, J.), rendered September 19, 1996, convicting him of manslaughter in the first degree, upon a jury verdict, and imposing sentence.
Peter W. Birkett, Brooklyn, N.Y., for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Solomon Neubort, and Thomas S. Burka of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., THOMAS R. SULLIVAN, MYRIAM J. ALTMAN, GABRIEL M. KRAUSMAN, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant has not preserved for appellate review his challenges to the prosecutor's summation because he either failed to object, to seek curative instructions, or to move for a mistrial (see, People v. Rivera, 73 N.Y.2d 941; People v. Balls, 69 N.Y.2d 641). In any event, the prosecutor's comments made during summation did not exceed the broad bounds of rhetorical comment permissible in closing argument (see, People v. Galloway, 54 N.Y.2d 396).
There was no violation of CPL 310.10 (see, People v. Fernandez, 81 N.Y.2d 1023).
The defendant's remaining contentions are either unpreserved for appellate review or without merit.