People v Gregory

2008 NY Slip Op 07930 [55 AD3d 752]

October 14, 2008

Appellate Division, Second Department

As corrected through Wednesday, December 10, 2008

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

—[*1]Steven Banks, New York, N.Y. (Alan S. Axelrod of counsel), and Proskauer Rose LLP,New York, N.Y. (Jessica Mastrogiovanni of counsel), for appellant (one brief filed).

Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, andGoodwin Procter LLP [Keith A. Zullow and Alexander Rayskin], of counsel), forrespondent.

Appeal by the defendant from a judgment of the Supreme Court, Kings County (Guzman, J.),rendered March 13, 2006, convicting him of criminal sale of a controlled substance in the third degree(three counts), upon a jury verdict, and imposing sentence.

Ordered that the judgment is affirmed.

The defendant argues that he was denied a fair trial by certain remarks made by the prosecutorduring summation. However, this argument is not preserved for appellate review because the defendanteither failed to make specific and timely objections, or failed to seek curative instructions or move for amistrial where the trial court sustained objections (see People v Morris, 2 AD3d 652 [2003]). In any event, under thecircumstances, any error was harmless (seePeople v Tucker, 27 AD3d 592 [2006]). Lifson, J.P., Ritter, Miller and Balkin, JJ., concur.