Opinion
Submitted October 10, 2000.
November 13, 2000.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Barbaro, J.), rendered October 7, 1997, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
M. Sue Wycoff, New York, N.Y. (Judith S. Stern of counsel), for appellant.
Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Joyce Slevin of counsel), for respondent.
Before: FRED T. SANTUCCI, J.P., THOMAS R. SULLIVAN, WILLIAM D. FRIEDMANN, NANCY E. SMITH, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's contention that the cumulative effect of prosecutorial misconduct and judicial error constituted reversible error is unpreserved for appellate review (see, CPL 470.05; People v. Ali, 207 A.D.2d 899). In any event, the comments made by the prosecutor during summation were largely proper responses to the defense counsel's summation, which challenged the credibility of the People's witnesses (see, People v. Dhan, 271 A.D.2d 452). Any prejudice which may have resulted from improper comments was ameliorated by the trial court's curative instructions (see, People v. Ferguson, 82 N.Y.2d 837, 838).
The defendant's remaining contentions do not require reversal.