Opinion
2000-09324
Submitted June 4, 2002
July 1, 2002.
Appeal by the defendant from a judgment of the Supreme Court, Richmond County (Rooney, J.), rendered September 28, 2000, convicting him of robbery in the first degree, upon a jury verdict, and imposing sentence.
Lynn W. L. Fahey, New York, N.Y. (Tonya Plank of counsel), for appellant.
William L. Murphy, District Attorney, Staten Island, N.Y. (Karen F. McGee and Anne Crick of counsel), for respondent.
GLORIA GOLDSTEIN, J.P., LEO F. McGINITY, THOMAS A. ADAMS, SANDRA L. TOWNES, JJ.
DECISION ORDER
ORDERED that the judgment is affirmed.
The defendant's sole contention on appeal is that certain comments made during the prosecutor's summation constitute reversible error. However, the defendant failed to preserve for appellate review his arguments regarding the prosecutor's summation. He either did not make a specific and timely objection, or made no request for further curative instructions and no timely motion for a mistrial (see People v. Heide, 84 N.Y.2d 943; People v. Nuccie, 57 N.Y.2d 818; People v. Robinson, 281 A.D.2d 564) . In any event, any alleged error was harmless in light of the overwhelming evidence of the defendant's guilt (see People v. Crimmins, 36 N.Y.2d 230; People v. Stith, 291 A.D.2d 576).
GOLDSTEIN, J.P., McGINITY, ADAMS and TOWNES, JJ., concur.