| People v Philbert |
| 2009 NY Slip Op 01676 [60 AD3d 698] |
| March 3, 2009 |
| Appellate Division, Second Department |
| 80—The People of the State of New York,Respondent, v Lasana Philbert, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, Sharon Y.Brodt, and John F. McGoldrick of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County (Lewis, J.),rendered February 27, 2007, convicting him of assault on a peace officer, police officer, fireman,or emergency medical services professional, and assault in the second degree, upon a juryverdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that certain comments made by the prosecutor during summationand the cumulative effect of prosecutorial misconduct during summation constituted reversibleerror is unpreserved for appellate review since the defendant made only general objections, didnot request curative instructions when the objections were sustained, and did not timely move fora mistrial on the specific grounds he now asserts on appeal (see CPL 470.05 [2]; People v Daley, 50 AD3d 1051,1051 [2008]; People v Wright, [*2]40 AD3d 1021[2007]; People v Williams, 27AD3d 673 [2006]; People vMalave, 7 AD3d 542, 542 [2004]; People v White, 5 AD3d 511, 511 [2004]; People v Evans,291 AD2d 569 [2002]; People v Livigni, 288 AD2d 323, 324 [2001]). In any event, mostof the challenged remarks constituted fair comment on the evidence or were responsive todefense counsel's summation (seePeople v Crawford, 54 AD3d 961, 961 [2008]; People v Applewhite, 50 AD3d 1046, 1046 [2008]). Althoughsome of the remarks were improper, they were not so egregious as to deprive the defendant of afair trial (see People v Nisvis, 56AD3d 574 [2008]; People vMathis, 55 AD3d 628, 629 [2008]; People v Almonte, 23 AD3d 392, 394 [2005]).
The sentence imposed was not excessive (see People v Suitte, 90 AD2d 80, 83[1982]). Mastro, J.P., Covello, Dickerson and Leventhal, JJ., concur.