People v Brown
2008 NY Slip Op 01368 [48 AD3d 590]
February 13, 2008
Appellate Division, Second Department
As corrected through Wednesday, April 16, 2008


The People of the State of New York,Respondent,
v
Kenneth Brown, Appellant.

[*1]Lynn W. L. Fahey, New York, N.Y. (Steven R. Bernhard of counsel), for appellant.

Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JeanetteLifschitz, and Ayelet Sela of counsel), for respondent.

Appeal by the defendant from a judgment of the Supreme Court, Queens County(Cooperman, J.), rendered September 20, 2005, convicting him of burglary in the second degree(three counts) and criminal possession of stolen property in the fifth degree (four counts), upon ajury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant's contentions regarding the prosecutor's summation are unpreserved forappellate review. The defendant failed to object or raised only general objections to thechallenged comments, did not request curative instructions when one objection was sustained,and failed to move for a mistrial (seePeople v Salnave, 41 AD3d 872 [2007]; People v White, 5 AD3d 511 [2004]). In any event, the challengedcomments were all either fair comment on the evidence, responsive to arguments and theoriespresented in the defense summation, or harmless (see People v Montero, 44 AD3d 796 [2007]).

The defendant's remaining contention is unpreserved for appellate review and, in any event,is without merit. Mastro, J.P., Fisher, Dillon and McCarthy, JJ., concur.


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