| People v Daley |
| 2008 NY Slip Op 03662 [50 AD3d 1051] |
| April 22, 2008 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v JasonDaley, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove and Lori Glachman ofcounsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Tomei, J.),rendered May 15, 2006, convicting him of rape in the first degree, robbery in the first degree, andsodomy in the first degree (two counts), upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's challenge to the prosecutor's statement encouraging the jury to "tell" thedefendant "that what he did was wrong . . . [and] awful" does not warrant reversal,since the trial court's actions in response to the challenged remark were sufficient to avert anysubstantial prejudice to the defendant (see People v German, 45 AD3d 861, 862 [2007], lv denied9 NY3d 1034 [2008]; People v Bossett,45 AD3d 693 [2007]; People vWright, 40 AD3d 1021 [2007]; People v Ivory, 307 AD2d 1000, 1001 [2003]).The defendant's remaining claims of prosecutorial misconduct are unpreserved for appellatereview, since the defendant failed to object to the allegedly improper comments and failed torequest curative instructions or move for a mistrial on the grounds now argued on appeal (seeCPL 470.05 [2]; People v Medina, 53 NY2d 951, 952 [1981]; People v German, 45 AD3d 861[2007], lv denied 9 NY3d 1034 [2008]; People v Wright, 40 AD3d 1021 [2007]; People v Ivory,307 AD2d 1000, 1001 [2003]). In any event, to the extent that any of the remarks wereimproper, any error was harmless (see People v Crimmins, 36 NY2d 230, 242 [1975]).Skelos, J.P., Covello, Eng and Leventhal, JJ., concur.