| People v O'Diah |
| 2009 NY Slip Op 09050 [68 AD3d 788] |
| December 1, 2009 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v ArorArk O'Diah, Appellant. |
—[*1] Richard A. Brown, District Attorney, Kew Gardens, N.Y. (John M. Castellano, JohnnetteTraill, and Josette Simmons-McGhee of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Queens County(Cooperman, J.), rendered March 19, 2007, convicting him of assault in the second degree,resisting arrest, aggravated unlicensed motor vehicle operation in the third degree, unlawfuloperation of a vehicle on a public highway, and stopping, standing, or parking outside of abusiness or residential district, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contention that the prosecutor's comments during summation requirereversal is unpreserved for appellate review, since he failed to seek a curative instruction ormove for a mistrial with respect to the one challenged comment to which he objected, and hefailed to object to the other challenged comments (see CPL 470.05 [2]; People v Romero, 7 NY3d 911,912 [2006]; People v Gregory, 55AD3d 752 [2008]; People vMorris, 2 AD3d 652 [2003]). In any event, the prosecutor's remarks were either faircomment on the evidence, responsive to the defense counsel's summation, or not so egregious asto have deprived the defendant of a fair trial (see People v Galloway, 54 NY2d 396,399-400 [1981]; People v Nieves, 2AD3d 539, 540 [2003]; People v Holguin, 284 AD2d 343[2001]; People vCariola, 276 AD2d 800 [2000]).
The defendant's remaining contention is without merit. Dillon, J.P., Florio, Balkin andLeventhal, JJ., concur.