People v Gregory
2008 NY Slip Op 07930 [55 AD3d 752]
October 14, 2008
Appellate Division, Second Department
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431.
As corrected through Wednesday, December 10, 2008


The People of the State of New York, Respondent,
v
Daryl Gregory, 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, and Goodwin Procter LLP [Keith A. Zullow and Alexander Rayskin], of counsel), for respondent.

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 prosecutor during summation. However, this argument is not preserved for appellate review because the defendant either failed to make specific and timely objections, or failed to seek curative instructions or move for a mistrial where the trial court sustained objections (see People v Morris, 2 AD3d 652 [2003]). In any event, under the circumstances, any error was harmless (see People v Tucker, 27 AD3d 592 [2006]). Lifson, J.P., Ritter, Miller and Balkin, JJ., concur.