Opinion
(1304) KA 99-05266.
November 9, 2001.
(Appeal from Judgment of Monroe County Court, Geraci, Jr., J. — Robbery, 1st Degree.)
PRESENT: PINE, J.P., SCUDDER, BURNS, GORSKI AND LAWTON, JJ.
Judgment unanimously affirmed.
Memorandum:
Defendant appeals from a judgment convicting him following a jury trial of robbery in the first degree (Penal Law § 160.15) and grand larceny in the fourth degree (Penal Law § 155.30). Contrary to the contention of defendant, he was not denied a fair trial by the prosecutor's comments during summation, particularly where, as here, County Court issued curative instructions and thereby alleviated any prejudice arising from those comments ( see, People v. Curley, 159 A.D.2d 969, 970, lv denied 76 N.Y.2d 733; People v. Plant, 138 A.D.2d 968, lv denied 71 N.Y.2d 1031). Defendant failed to preserve his remaining contention for our review ( see, CPL 470.05), and we decline to exercise our power to review that contention as a matter of discretion in the interest of justice ( see, CPL 470.15 [a]).