| People v Haggerty |
| 2008 NY Slip Op 01166 [48 AD3d 480] |
| February 5, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York,Respondent, v Joseph Haggerty, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Ruth E. Ross, andPatrick G. Broderick of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.),rendered July 26, 2006, convicting him of burglary in the third degree, petit larceny, and criminalmischief in the fourth degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
Contrary to the defendant's contention, the trial court properly denied his motion for amistrial based on the admission of a surveillance video that was slightly different from theversion given to the defense prior to trial. The defendant failed to show that he was prejudiced inhis defense by the delay in the production of the correct video (see People v Herrera, 136AD2d 567, 568 [1988]).
The defendant's claim that various remarks made by the prosecutor during summation wereimproper and deprived him of a fair trial is unpreserved for appellate review. The defendant onlymade general objections to the prosecutor's comments, did not request curative instructions, anddid not seek further relief after curative instructions were given (see CPL 470.05 [2]; People v Salnave, 41 AD3d 872,874 [2007]; People v Doran, 27AD3d 480 [2006]; People v White,5 AD3d 511 [2004]; People v Butts, 279 AD2d 587, 588 [2001]). In any event,the challenged remarks were a fair response to the defense summation (see People v Jones,294 AD2d 517, 518 [2002]; see People v Edwards, 292 AD2d 393 [2002]).
Finally, the defendant's contention that he was denied the effective assistance of counsel iswithout merit. A review of the circumstances in totality as of the time of the representationreveals [*2]that the defendant was afforded meaningfulrepresentation (see People v Henry, 95 NY2d 563, 565 [2000]; People v Baldi, 54NY2d 137, 147 [1981]). Spolzino, J.P., Skelos, Florio and Angiolillo, JJ., concur.