Majority
—Appeal by defendant from a judgment of the Supreme Court, Kings County (Hayes, J.), rendered October 17, 1983, convicting him of attempted robbery in the second degree (two counts), upon a jury verdict, and imposing sentence.
Judgment affirmed.
Upon a review of the record, we find that legally sufficient evidence was presented, upon which, when viewed in the light most favorable to the prosecution, a rational trier of fact could have found that the elements of the crime were proved beyond a reasonable doubt (see, People v Contes, 60 NY2d 620 , 621). The alleged prosecutorial misconduct in summation was either not objected to, and therefore any error of law with respect thereto was not preserved for appellate review (see, People v Nuccie, 57 NY2d 818 ; People v Baldo, 107 AD2d 751 ; People v Saylor, 115 AD2d 671 ), or was harmless in light of the overwhelming proof of defendant’s guilt and the court’s curative instructions (cf. People v Wood, 66 NY2d 374 ). Gibbons, J. P., Thompson, Niehoff and Kunzeman, JJ., concur.
Cases cited
- People v. Contes 60 NY2d 620 at 621 p. 616
- People v. Nuccie 57 NY2d 818 p. 616
- People v. Saylor 115 AD2d 671 p. 616
- People v. Wood 66 NY2d 374 p. 616