| People v Paul |
| 2011 NY Slip Op 02704 [82 AD3d 1267] |
| March 29, 2011 |
| Appellate Division, Second Department |
| The People of the State of New York, Respondent, v ShanPaul, Also Known as Owen Damien Smith, Appellant. |
—[*1] Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, andMelissa J. Feldman of counsel), for respondent.
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Chun, J.),rendered March 25, 2009, convicting him of criminal sexual act in the first degree and sexualmisconduct, upon a jury verdict, and rape in the first degree, upon his plea of guilty, andimposing sentence.
Ordered that the judgment is affirmed.
The defendant's contentions that various comments made by the prosecutor during hersummation were improper and deprived him of a fair trial are unpreserved for appellate review,as the defendant did not object to the remarks at issue or made only general objections, or hisobjections were sustained without any further request for curative instructions, and his motion fora mistrial after the completion of summations was untimely and failed to preserve his contention(see CPL 470.05 [2]; People v Balls, 69 NY2d 641, 642 [1986]; People vSalnave, 41 AD3d 872, 874 [2007]). In any event, the challenged remarks did not exceed thebounds of rhetorical comment permissible in closing argument and constituted either faircomment upon the evidence presented or fair response to the defense summation (see Peoplev Galloway, 54 NY2d 396, 399 [1981]; People v McHarris, 297 AD2d 824, 825[2002]). Mastro, J.P., Skelos, Balkin and Roman, JJ., concur.