People v Paul |
2011 NY Slip Op 02704 [82 AD3d 1267] |
March 29, 2011 |
Appellate Division, Second Department |
Published by New York State Law Reporting Bureau pursuant to Judiciary Law § 431. |
The People of the State of New York, Respondent, v Shan Paul, Also Known as Owen Damien Smith, Appellant. |
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Charles J. Hynes, District Attorney, Brooklyn, N.Y. (Leonard Joblove, Jodi L. Mandel, and Melissa 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 sexual misconduct, upon a jury verdict, and rape in the first degree, upon his plea of guilty, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant's contentions that various comments made by the prosecutor during her summation 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 his objections were sustained without any further request for curative instructions, and his motion for a 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 v Salnave, 41 AD3d 872, 874 [2007]). In any event, the challenged remarks did not exceed the bounds of rhetorical comment permissible in closing argument and constituted either fair comment upon the evidence presented or fair response to the defense summation (see People v Galloway, 54 NY2d 396, 399 [1981]; People v McHarris, 297 AD2d 824, 825 [2002]). Mastro, J.P., Skelos, Balkin and Roman, JJ., concur.