Majority
Appeal by the defendant from a judgment of the Supreme Court, Kings County (Feinberg, J.), rendered March 22, 1993, convicting him of murder in the second degree, upon a jury verdict, and imposing sentence.
Ordered that the judgment is affirmed.
The defendant contends that several comments made by the prosecutor at summation deprived him of a fair trial. However, all but one contention is unpreserved for appellate review (see, People v Nuccie, 57 NY2d 818 , 819; People v Giles, 87 AD2d 636 ) and that contention does not warrant reversal because the court struck the challenged comment and gave immediate instructions curing any prejudicial effect that may have resulted therefrom (see, People v Lamour, 203 AD2d 388 , 389; People v Cuevas, 99 AD2d 553 ).
The sentence imposed was not excessive (see, People v Jackson, 208 AD2d 862 ; People v Applegate, 176 AD2d 888 ; People v Henry, 116 AD2d 737 , 738; People v Suitte, 90 AD2d 80 ). Bracken, J. P., Pizzuto, Hart and Krausman, JJ., concur.
Cases cited
- People v. Nuccie 57 NY2d 818 at 819 p. 691
- People v. Lamour 203 AD2d 388 at 389 p. 691
- People v. Jackson 208 AD2d 862 p. 691
- People v. Applegate 176 AD2d 888 p. 691
- People v. Suitte 90 AD2d 80 p. 691