People v Autar

2008 NY Slip Op 06932 [54 AD3d 609]

September 18, 2008

Appellate Division, First Department

As corrected through Wednesday, October 29, 2008

The People of the State of New York,Respondent, v Praboodiya Autar, Appellant.

—[*1]Campos & Wojszwilo, New York (Richard Wojszwilo of counsel), for appellant.

Robert T. Johnson, District Attorney, Bronx (Bryan C. Hughes of counsel), forrespondent.

Judgment, Supreme Court, Bronx County (Darcel D. Clark, J.), rendered September 25,2007, convicting defendant, after a jury trial, of two counts of operating a motor vehicle whileunder the influence of alcohol, and sentencing him to concurrent terms of 21/3 to 7years, and judgment of resentence, same court (Joseph Fisch, J.), rendered October 3, 2007,convicting defendant, upon his plea of guilty, of violation of probation, revoking his priorsentence of probation and resentencing him to a consecutive term of 11/3 to 4years, unanimously affirmed.

By failing to object, by objecting on a different ground than the one raised on appeal, or byfailing to request any further relief after his objections were sustained, defendant failed topreserve any of his present challenges to the prosecutor's opening statement and summation, andwe decline to review them in the interest of justice. As an alternative holding, we also reject themon the merits (see People v Overlee, 236 AD2d 133 [1997], lv denied 91 NY2d976 [1998]; People v D'Alessandro, 184 AD2d 114, 118-119 [1992], lv denied 81NY2d 884 [1993]).

We perceive no basis for reducing the sentence. Concur—Mazzarelli, J.P., Andrias,Saxe, Friedman and Acosta, JJ.