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PEOPLE v. DORAN

Appellate Division of the Supreme Court of New York, Second Department.
Aug 16, 2004
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Ordered that the judgment is affirmed.

Contrary to the defendant's contention, the trial court providently exercised its discretion in its Sandoval ruling ( see People v. Sandoval, 34 NY2d 371; People v. Antonelli, 6 AD3d 543; People v. Stevenson, 5 AD3d 405).

In addition, there is no merit to the defendant's contention that certain alleged prosecutorial misconduct warrants reversal of his conviction. This claim is largely unpreserved for appellate review, as the defendant failed to object in a number of instances to the alleged prosecutorial misconduct, or he made only general objections, and failed to request curative instructions in instances where the trial court sustained his general objections ( see CPL 470.05; People v. White, 5 AD3d 511; People v. Smith, 298 AD2d 607). In any event, the challenged remarks and conduct, both individually and cumulatively, constituted harmless error in light of the overwhelming evidence of the defendant's guilt ( see People v. Crimmins, 36 NY2d 230; People v. White, supra).

The sentence imposed was not excessive ( see People v. Suitte, 90 AD2d 80).

The defendant's remaining contentions are without merit.