Majority
p. 672The People of the State of New York, Respondent, v Edward Ecock, Appellant.
p. 673
The defendant’s claims of error with respect to the court’s justification charge and supplemental charge are unpreserved for appellate review as a matter of law (see, CPL 470.05 [2]; People v Thomas, 50 NY2d 467 , 471), and are, in any event, without merit (see, People v Goetz, 68 NY2d 96 ; People v Almodovar, 62 NY2d 126 , 131-132). Any prejudice arising from the single instance of improper questioning by the prosecutor was, in this instance, negated by the court’s prompt curative instruction (see, People v Santiago, 52 NY2d 865 ; People v Heppard, 121 AD2d 466 ; People v Davis, 108 AD2d 924 ).
Finally, the sentence and amended sentence imposed evince neither an abuse of discretion nor a failure to observe sentencing principles on the part of the sentencing Judge (see, People v Suitte, 90 AD2d 80 , 86-87). Lazer, J. P., Niehoff, Lawrence and Kooper, JJ., concur.
Cases cited
- People v. Thomas 50 NY2d 467 at 471 p. 673
- People v. Goetz 68 NY2d 96 p. 673
- People v. Almodovar 62 NY2d 126 at 131-132 p. 673
- People v. Santiago 52 NY2d 865 p. 673
- People v. Suitte 90 AD2d 80 at 86-87 p. 673